• John Akopian Law Firm

Defending Tips For Attorneys On Employee Firing

It is common for employees to seek revenge on former employers after termination. Common causes of termination are on basis of performance and misconduct. It is often a trying time for organizations because it might not only cost them money but reputation, which is bad for business irrespective of the field.


Here is how to avoid lawsuits :


Interview the individual

Contact the former employee and try to find out the basis of his or her accusations. Getting the individual’s side of the story helps you to customize your arguments to win the case and save the organization’s face. Also, it is a courteous way of extending a hand of reconciliation but does not mean reinstatement.


Consistency

Check on previous cases, if any, and how you handled an employee with performance or misconduct issue. If you have not fired an employee in the past with the same issue, this will automatically be interpreted as bias. You should be consistent in such actions on employees.


Investigate

Before you decide to terminate an employee’s contract, go to their records involving timecards, absenteeism, and performance records. Find out when their productivity began deteriorating and try other avenues, termination should be the last resort. Consider special training; if it can help, this is the safest strategy to sorting out employee issues instead of termination.


Facts only

Opinions and blanket judgment should not feature in legal documentation. It not only shows unprofessionalism but also irrelevance of the case. Let the two parties involved in a case speak for themselves on what, where, when, and how.


Questions to answer before termination

If you have explored the above options and they all point to termination, ask yourself the following questions:

1. What’s the nature of employee contract, does termination violate any of the contract binding policies?

2. Does the individual have a medical condition or just from medical leave?

3. Does the employee have any form of disability?

4. Is the employee covered under collective bargaining agreement or part of a union?

The above tips help in reducing lawsuits against your company. There are endless avenues and basis of accusations after termination; these tips are not a guarantee of immunity from court challenge but they significantly reduce.


The above tips help in reducing lawsuits against your company. There are endless avenues and basis of accusations after termination; these tips are not a guarantee of immunity from court challenge but they significantly reduce.


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Source: HRMorning

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