Avoiding Liability When Terminating Employees
Even when there is good cause to fire an employee, the way that a company handles the process could expose it to considerable liability. Claims for wrongful termination due to allegations such as discrimination or retaliation are prevalent across every industry and ocupational setting. Here are some things that employers need to be conscientious about to mitigate their liability risk when terminating personnel.
Document Performance Issues
In many cases, employers will be fully equipped to defend themselves against claims for wrongful termination when they have extensively documented issues with an employee’s job performance. Being able to demonstrate material deficiencies with the work that someone is producing is generally solid grounds for lawful employee firings.
Follow Policies Consistently
It is advantageous for employers to establish their own internal procedures for how the disciplinary measures including terminations should take place. Having clear directives some of the guesswork and uncertainty for managers as they have to go about a difficult task. Also, following the same procedure for every termination can prevent claims alleging discriminatory or unequal treatment.
There are numerous state and federal protections for workers that employers must take care to structure into their internal policies. These areas of the law are continually changing, so it is important to stay current with new regulations and evolving precedents.