Wrongful Termination Litigation from an Employers Point of View

Suits between and among employers and employees are inevitable. In fact, an employer could not avoid being sued by a fired employee. In any suit, proper steps must be taken to ensure that necessary preparations are done to file or defend it. Needless to say, preparation is the key to successful employment litigation.

Wrongful Termination Lawsuits

Commonly, employers are faced with wrongful termination suits. As part of preparation, employer can open the employee’s file, find reason for his termination and give at least two incidents leading to it.

Employer’s statement that the employee’s performance is poor does not hold water. This is because allegations must be supported by evidence.

Before firing an employee, the employer should make sure of three things.

Know Who you are Firing

Does he or she belong to a protected class? Protected class is a group of people who could not be harassed or discriminated against based on race, religion, color, national origin, age, sex, sexual orientation and disability. If they belong to the protected class, make sure that the reasons for termination are lawful and documented.

Know the Reasons for Firing the Employee

Be specific as to the reason for employee’s termination. Do not make the mistake of reasoning slow business if the real reason for termination is due to poor performance. Otherwise, you would be expected to rehire him when the business picks up.

Reasons for Termination Must be Supported

If an employee has his job terminated for tardiness, the employer should be able to provide a record of tardiness. Same thing goes for poor attitude or disciplinary reasons. This is where employee’s personal file becomes important. The file should contain attendance record, memos, warnings, absences or disciplinary actions against the employee.

Suspension Before Job Termination

In short, before making the decision to fire an employee, it is advised to look at the entire picture. Do not decide when you are in doubt, in a confrontational state or angry. If an employee does something shocking to the conscience, suspend him then investigate.

If after investigation, proofs indicting an employee are strong then dismissal may be warranted upon notice. Terminating an employee should not be made at a spur of the moment.

Applying the above discussion will ensure the employer best position to defend a lawsuit against a fired employee. Moreover, engaging the services of an experience employment lawyer would even boost the employer’s chances of winning the case.

• The content of this page is provided for informational purposes only, and should not be construed as legal advice. If you need help with an employment law question, please click here to talk to Rodney Mesriani or an employment lawyer near you.