by Thomas I. Plotkin, Esq., Pepper Hamilton LLP
In a perfect world, employers would never have to discipline or fire their employees, and HR professionals could make decisions without the input of attorneys. Unfortunately, the real world is not perfect, and employers are often faced with the unpleasant task of disciplining or terminating employees. Although these decisions are necessary to make sure that employees are performing well, missteps can lead to costly litigation down the road.
Below are some do’s and don’ts of employee discipline and termination that employers can follow to minimize potential risks.
Employers may not discipline or terminate employees due to their membership in a protected class, such as race, color, religion, national origin, sex, pregnancy, disability, age (for those 40 or older) and genetic information.
Many states have created additional protected classes. For example, the Pe...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- It's an emergency! Can we fire worker whose volunteer firefighting duties cause absences?
- Ever wonder what's on those trading floor notes?
- How to wind up in court: Suggest 'a man would be better'
- Review severance pact for clarity; define 'for cause' terminations