As you probably are aware, many employment-related lawsuits
arise from the termination process. For example, an employee can
sue you because he believes he has been terminated unfairly or
decide to proceed with a claim he may have been harboring because
of how he perceives to have been treated. Because of these
possibilities, it is critical you pay careful attention to the
termination process.
In this article, we briefly will explore the three basic
ingredients of every termination: the reason for the termination,
how the termination decision is communicated and the aftermath. We
also will offer advice for keeping each step in the process legal.
When it comes to terminations, you must consider not only the
technicalities of what may or may not be legal but also how the
termination will be perceived by the employee and others. If the
termination is circumstantially unfair or perceived to be unfair,
it may spawn a costly claim or lawsuit even if of dubious legal
merit.
Keep in mind there are additional considerations beyond those
explored in this article if you employ a union work force. For
example, collective-bargaining agreements typically impose a "just
cause" standard for termination inconsistent with at-will
employment, and employees may have certain representational rights
during investigatory meetings that might lead to discipline or
termination. Other special rights may apply, as well. If you have a
union shop, consult your legal counsel for further guidance before
proceeding with a termination.
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