How Small Businesses Can Avoid Wrongful Termination Claims
As a small
business owner, you value your employees and strive to provide a safe, healthy
and positive work environment. But you will eventually face a situation where
you have to terminate an employee. It’s never a pleasant nor easy task, but it
must be done.
Along with
the stress of having to let an employee go, you’ll also need to consider the
risks of a wrongful termination claim. The timing and the way in which you
terminate your employee is crucial.
Implement Written Guidelines and Independent Reviews
Make sure
that you have written guidelines in place that describes the process of
selecting employees for termination when positions are eliminated, or your
business is downsizing or restructuring. These guidelines should be followed
consistently across the board.
To better
protect your business, have your lawyer review your guidelines to make sure
you’re not inadvertently taking action against a protected group which could
lead to discrimination claims.
Also, have
every termination decision reviewed objectively and independently.
Document Everything
Documentation
can protect your business in case of a wrongful
termination claim. Make sure that you’re documenting all employee performance
consistently across the organization through regular employee performance
evaluations.
Ensure that all employees – low, middle and high performers – receive a complete performance appraisal. Managers or supervisors should be having open and honest discussions with employees about their performance throughout the year.
“Employers
cannot dismiss you without legal grounds, unless you are in the jurisdiction of
a probationary period,” says Lalande Personal Injury Lawyers. “If you are fired, your employer
must prove that the decision was based on solely on performance, not because of
race, sex, or disability.”
Documented performance appraisals will serve as proof that your decision to terminate an employee was based on performance.
Make Sure That Employees are Clear About Expectations
An
employee’s termination should not come as a surprise. Be clear about your
expectations, performance standards and rules from the start to ensure that
everyone is on the same page.
Create an employee handbook, and go over this handbook with your
employees during training. The handbook should clearly outline your policies,
expectations and standards.
Additionally,
you’ll want to ensure that your employees understand that you are an at-will
employer which has the right to terminate at any time.
Be Clear About the Reason for Termination
When
terminating an employee, be as clear and specific as possible as to why he or
she is being fired. Do not be vague in your explanation, as this will allow the
employee to jump to conclusions as to why he or she is being terminated.
A clear,
detailed and valid reason for termination will help protect you from wrongful
termination claims.
Give as Much Notice as Possible
Whenever
possible, give employees at least a few weeks of warning or notice of a
termination. Giving employees advanced notice of their termination will give
them time to plan their next steps and potentially secure another job before
leaving your employment.
If an
employee is able to move right into another job, he or she may be less likely
to file a wrongful termination claim because the financial strain of the
termination is eliminated.
