How To Avoid Wrongful Termination Lawsuits
A wrongful termination lawsuit has a way of placing pressure on the normal activities in the life of a company and it employees. It can affect employee morale, productivity, and can hurt the company in terms of legal costs. That is why it is important to be made aware of the state’s at-will employment laws and federal laws concerning these type of lawsuits. Knowing what to do can save your company from this lawsuit.
- First you need to learn the state and federal laws that will help to define what is illegal termination. Once you have this information you will understand what guidelines to set for your company. Several different types of termination include firing an employee for attending jury duty, for not wanting to break the law, for using their First Amendment rights, and for taking advantage of the Family Leave Act. A termination can also be considered illegal if it violates your own written company policy.
- Review the at-will employment laws in your state to avoid a wrongful termination lawsuit. While every state but Montana gives employers the right to terminate employment at will, albeit with differing degrees of latitude, there can be a fine line between those rights and an illegal termination. By developing a consistent company policy toward employee terminations, you can avoid a lawsuit.
- Document all disciplinary actions against the employee in writing, and have the employee sign and date each incident. Use the words “up to and including termination” when warning the employee against further company infractions, which will give you plenty of leeway if further discipline is needed. Keep this information in the employee’s file, and make sure he receives a copy of such documentation as well.
- Talk with your companies human resources and/or legal department and review the case with them before you make the final decision to let them go. They will help you to determine whether the grounds for termination are legal or not.
- Remain calm and objective when terminating an employee, and don’t make it personal. By creating a huge emotional scene, you increase the likelihood that your ex-employee will seek legal assistance. When firing an employee, it may be a good idea to include at least one other person in the room to ensure that the meeting goes as smoothly as possible.