Sometimes, you have no choice but to fire an employee. Every one of those discharges is a fresh chance to be sued by a disgruntled former employee. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged.
Employers sometimes need to let go of new employees who repeatedly fail to perform at an acceptable level.
Take, for example, new blue-collar workers who consistently make simple mistakes. Those workers often challenge their dismissals if they did not know about performance expectations or had no training on how to do the job. They also may sue if they believe the employer did not fairly apply the rules—that is, they know of other employees who did not perform and yet kept their jobs.
The key to defending these kinds of claims is to completely document the training and any failure to meet expectations, while showing that you uniformly applied the ...(register to read more)
- Is it legal to ask departing workers to waive FMLA claims?
- Consistency is key when firing for performance
- How should we handle partial days off for our salaried business manager?
- Is Brooklyn Botanical Gardens fertile ground for bias?
- Employment law 101: Beware firing immediately after employee returns from FMLA leave