Ideally, every hiring decision would work out exactly the way you expect, and you would never have to let an employee go. However, at the law office of Michael J. Betts, we know that not every new hire works out the way you hope it will. Sooner or later, you will probably have to fire an employee.
However, you must handle this situation carefully. You do not want to face a lawsuit alleging wrongful termination. Before you fire an employee, with or without notice, Chron.com recommends that you follow these tips to make sure you do it properly.
1. Perform a careful analysis
Look at the situation from all possible angles. Determine if there is a better course of action available or if this is the correct decision for your business.
2. Respect your employee’s right to privacy
Privacy is a reasonable expectation on your employee’s part. Be sure to maintain his or her confidentiality.
3. Be sure your actions are valid and legal
If you want to terminate a contracted employee, you will have to make sure that the agreement contains provisions that allow you to do this. There are fewer restrictions for firing at-will employees, but you must ensure that your actions comply with applicable laws against retaliation and discrimination.
4. Gather evidence
In the event of a lawsuit, you want to be able to defend your decision. You should collect any documentation related to your employee’s termination in case it becomes relevant later.
5. Be prepared to give a reason
Whenever possible, you should be able to provide a rationale for firing an employee to anyone who may ask for it. This could include the employee, the court or the Equal Employment Opportunity Commission.
Depending on the situation, the law may not require you to give a reason for firing an employee, but it is still a good idea to have one just in case. More information about employment law is available on our website.
