Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged.

New hires

Employers sometimes need to let go of new or relatively new employees who repeatedly fail to perform expected job functions at an acceptable level.

Take, for example, new workers who repeatedly make simple mistakes. Those workers often challenge their dismissals if they did not know about performance expectations or had no training. They also may sue if they believe the employers 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...(register to read more)

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