You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.
Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless litigation and cost thousands of dollars in legal fees even if you win in the end.
The North Carolina Retaliatory Employment Discrimination Act outlaws discharging employees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they actually fill out the workers’ compensation paperwork.