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!
It happens—employers make mistakes. Under most circumstances, however, those mistakes won’t turn into successful employee discrimination lawsuits. That’s because employees have to prove that both the decision and the underlying facts were wrong and were used as an excuse to discriminate.
Government employees have some rights that private-sector employees don’t have, including so-called liberty and property interests in their jobs. That can include the right to a hearing and an opportunity to present their side of the story before being discharged. It also includes the right to preserve their reputations.
When disciplining conduct that violates company policies, remember that you have leeway to come up with appropriate punishment based on the specifics of each incident. Just make sure you document the conduct, what rules it violated and why each employee deserved the punishment he or she received.
Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.