The loss of a job can make a person frantic or aggressive. Businesses need to be careful about how they break the news. In addition to considering the immediate emotional and workplace fallout of the termination, employers need to consider the possibility of the worker contesting their firing.
They might file a lawsuit asserting that termination was wrongful because it was retaliatory or discriminatory in nature. How can employers limit the likelihood of a former employee suing them for wrongful termination?
Establish a clear paper trail
While companies can fire employees for almost any reason or no reason at all under at-will employment laws, it is still illegal to fire someone because of their protected activities or protected personal characteristics. Employers may need internal records validating the decision to terminate an individual employee.
Records of declining performance reviews in recent years, for example, could show that they no longer meet key metrics for their position. Write-ups can illuminate disciplinary issues or conflicts with other employees that affect the company’s culture.
Even attendance records that show a worker was consistently late and did not respond to requests to improve their habitual tardiness can help validate the decision to terminate someone. In the event of a wrongful termination lawsuit, evidence that the company based its decision on the person’s job performance or other objective and lawful standards can help defuse claims that the company discriminated or retaliated against the worker.
Having experienced legal guidance to establish appropriate pre-termination procedures can help employers limit the risk of employee lawsuits. Companies often need guidance to ensure they comply with the law and have documentation to prove that they did not violate an employee’s rights.