How to Protect Your Business From Wrongful Termination Cases
Wrongful termination is something nobody wants to think about. When you hire a new employee, chances are you are excited about the potential the person will bring to your business, and the long tenure they will have at your company.
Their employment started great, but then the relationship soured. They started having performance issues and you had to fire them. You were sad to see them leave your company, but when they packed up their desk and walked out the door, you thought that was the end – until you received a wrongful termination lawsuit.
While a lawsuit likely won’t occur after every termination, it can happen. And when it does, it can put your business at risk. You can avoid these lawsuits by working with an attorney to ensure you are taking proper precautions to avoid wrongful termination cases.
What Is Wrongful Termination?
Wrongful termination involves firing a person for an illegal reason. This can include a violation of federal or state anti-discrimination laws — including if it’s due to their race, religion, age, sexual orientation, disability, or pregnancy status. It can also include other reasons, like a contract breach.
Ways To Protect Your Business
To avoid wrongful termination cases, it’s essential to work with a business attorney. A lawyer can advise you on when you can end employment for an individual, and what processes must be followed.
Some ways a lawyer will help you include:
- Create and document detailed termination policies. This includes a list of infractions that can lead to firing. These policies should be provided to all employees and easily accessible.
- Establish a process for documenting infractions, including tardies or absences. This should also include who is allowed to write up the infraction, and what happens to documents. It should also be established as to what happens if a certain number of infractions are received.
- Perform regular performance reviews to make employees aware of any issues and identify areas where they need to improve. This allows management to document if the employee is not meeting expectations.
- Create a handbook of workplace policies. This needs to be given to all employees. A process should be established to ensure each staff member reads and acknowledges the policies. They can then be held accountable for adhering to the policies.
- Provide you with guidance on what to do after terminating an employee. This can include offering to help them find another job, willing to give them a recommendation, or other means to ensure they are leaving on good terms. This can make them less likely to pursue legal action.
Why Hire Us
When you need a business attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.
