The Benefits Of Employee Termination

Employers should know that they can reduce their potential liability for discriminatory practices by just a cursory review of their current policies and practices. This simple knowledge can translate to more objectivity and consistency in the workplace, thus decreasing employer liability for discrimination and other claims. By simply being proactive rather than reactive, employers can make improvements that may be the difference in whether an employee can prove a case for wrongful termination based upon discrimination.

While employers typically have what they consider valid policies that outline the grounds and procedure for terminating an employee, charges of discrimination are often related to termination. Employers may be liable for lost

TERMINATE CAREFULLY. TREAT EMPLOYEES CONSISTENTLY AND OBJECTIVELY.

Termination policies should be clear and followed to the letter in every instance for every employee. If any doubt exists as to procedures, managers should first consult with the company human resources department, perhaps even an employment attorney, before firing an employee. Managers should never fire an employee on the spot but instead send the employee home or place him or her on administrative leave pending an investigation. Everything prior to termination should be carefully documented even if time-consuming.

Employers should have a record of objectively verifiable negative performance issues before terminating an employee. Employers should know what 's in an employee file. There should be nothing in the employee file which contradicts termination. If the employee has received both positive and negative feedback performance, termination should be postponed until a clear record is

Management should tell employees all of the reasons that they are being fired, using straightforward language, and cite objective proof for the termination. They should avoid overlooking and tolerating performance problems and implement procedures to insure employees with poor performance records are terminated with predictability and regularity. Employers should not give vague and subjective reasons for termination, but rather particularized facts regarding a terminated employee’s performance.

Often employers give conflicting reasons for termination. They tell the employee one reason during the initial firing and then note a different reason in the employee 's file. Conflicting reasons create issues of fact as to what actually motivated the decisions to terminate and raise a genuine dispute on pretext. It shouldn 't say in employee file documents that an employee was fired for allegedly unacceptable performance, but then also indicate that she was “eligible for