Here Are Some Ways to Avoid Wrongful Terminations
As a business owner, you have many responsibilities. Some of the tasks are pleasant, while others may be difficult. Terminating someone from your employ is a serious task and one that needs to be done properly. You must take steps to avoid wrongful terminations so that you are protected from potential legal action in the future. Although you may need to fire someone, it must be done properly.
Put Policies in Place
Policies are necessary in order to ensure that employees are treated fairly. Be specific regarding the consequences for the failure to abide by the rules. Some problems may be quite serious and call for immediate termination, while others may be less harmful and therefore a warning is sufficient for the first offense. Written warnings are important and should be discussed with employees before being placed into their file. Have the employee sign acknowledgement of any reprimand that is given.
Enforce Rules Equally
Putting policies into place is a good start, but it isn’t enough. Once in place, rules must be enforced. This requires diligence and fairness. When rules are broken the employee must be reprimanded, regardless of their role or status within the company. If rules are not fairly enforced you may face allegations of discrimination by employees who feel they were not treated properly.
Sometimes an employee does something that is so bad that it gets you upset and frustrated. At times like this it can be difficult to hold back your emotions, but it is imperative that you do so. Remember that you must follow proper procedures. If you have documented the problems with the employee you have the information necessary to back up your actions. If you take action without having properly reprimanded the employee may feel they have been wrongfully terminated.
Keep Files Updated
Managers and others in a position of supervision must be trained on how to properly document employee information. Items that are placed into an employee’s file cannot be removed. The file needs to remain intact so that it provides the documentation for any future action should it become necessary. It is always better to include more information rather than less. However, make certain that only properly executed information is provided.
Resolving Wrongful Terminations
If your company has been accused of a wrongful termination it is necessary to take action. You will need to gather and review the employee’s file and confirm that the termination was completed properly and justly. If the matter requires litigation, consult with a qualified attorney to assist you with the case. Schedule a consultation with the legal team at Udall Shumway PLC to discuss your situation as soon as possible.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Avoid Wrongful Terminations, or any other litigation matters, please feel free to contact Roger C. Decker at 480.461.5343, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
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