Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.
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!
Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.
Some managers worry needlessly that they will be sued for discrimination if they fire an employee—especially one who acts as though she has a chip on her shoulder. But as long as an internal investigation finds that the employee hasn’t been discriminated against because of a protected characteristic, you likely have little to worry about.
It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.