5 Ways a Business Can Avoid a Wrongful Termination Suit
Terminating an employee is, at times, necessary. It’s vital that your company knows how to handle terminations if you want to avoid a lawsuit, though. You need extensive documentation, correct timing, and sound reasoning, but even those aspects leave room for liability. Check out these five tips on avoiding a wrongful termination lawsuit.
- Always Consult with HR
While your reasons for termination might make sense, HR can confirm whether this decision is in your best interest. The employee in question may have just filed a complaint or asked for pregnancy leave, which can make the termination look like retaliation or discrimination.
HR can also tell you whether or not your reasoning behind the termination is enough for the action. Finally, they can ensure you won’t have a lawsuit on your hands for something else. While the termination might be just, not providing proper ADA accessibility in the workplace or other instances of co-worker infractions on policy can come back to haunt your business after the fact.
- Keep Emotions in Check
It’s unwise to terminate an employee when emotions are running high. Whatever argument you had or what actions got under your skin, wait until your emotions settle before making the final decision. With a clear head, you can determine if there are any legal complications that might not have been so obvious at the time.
- Be Respectful
There’s nothing pleasant for either party during a termination. Instead of letting discomfort or anxiety get the better of you, practice what you’ll say beforehand so you don’t make a costly mistake. Keep your speech short, direct, and respectful to avoid any repercussions.
- Don’t Skip Disciplinary Steps
All businesses have clear-cut rules on disciplinary action. While there are some behaviors that warrant immediate termination, most infractions follow a series of steps that eventually lead to termination. It’s fine to warn them about termination if their actions do not improve, but warnings and even suspensions might be the better option before firing someone.
- Consistency is Key
While you need to focus on how you treat the employee in question, you should also look at how you’re treating the rest of your staff. If it looks like you’re making an example of an employee or treating them harsher than you would others, you’re likely to find yourself speaking with a wrongful termination attorney. Always keep your treatment of employees consistent across the board.
