What Should an Employer Keep in Mind When Firing an Employee?What Should an Employer Keep in Mind When Firing an Employee?One of the most difficult decisions an employer may be faced with is determining when to fire an employee. If employers do not handle the termination process professionally and legally, they may face lawsuits for wrongful termination, retaliation, discrimination and defamation, among others. Below are some useful tips for employers to follow when making the difficult decision to terminate an employee. The Employment RelationshipEmployers should ensure they are terminating employment for an appropriate, legal reason. The first step in this analysis is whether the employee is at-will or under contract.
Illegal Reasons for Firing EmployeesEmployers may not fire employees for reasons protected by state and federal anti-discrimination laws, such as race, religion, national origin, sex, age or disability. State laws provide further protections and may prohibit an employer from terminating an employee because of his or her sexual orientation or marital status. Employers also are prohibited from firing employees based on their citizenship status. So long as the employee is legally in the country and has permission to work, the employer may not discriminate based on his or her alien status. Other reasons an employer may not fire an employee include:
Record-KeepingEmployers should keep meticulous personnel records detailing the reasons for terminating an employee and keeping copies of any complaints, disciplinary proceedings or other adverse employment actions taken against the employee. Employers have a duty to retain certain records for certain periods of time. These records can be useful if an employee later brings a wrongful termination suit. Be Professional and ThoroughEmployees should not learn from other employees that they are about to be terminated. If the employer needs to disclose this to a supervisor or other manager, the information should be kept confidential. Employers should be careful not to make disparaging or negative comments about the employee before or after termination - this could be cause for a defamation lawsuit. In conducting the actual termination, employers should take the following precautions:
To discuss your legal concerns regarding terminating an employee, contact an employment lawyer in your area. He or she can discuss the potential issues specific to your company and jurisdiction in firing employees. Copyright © 2008 FindLaw, a Thomson Reuters business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter. |


