Back in the old days, it used to be easy enough to fire an employee who has run his or her course in the company. A simple pink slip was all that one needed in order to say “goodbye.”
These days, there are many laws protecting employees. As an employer, though, you do have rights – especially if one of your employees is damaging your business. To avoid being sued, however, it’s important to dot you “i’s” and cross your “t’s.”
Obviously, putting a case together for the termination of an employee is one of the most important things that a company can do to protect itself against litigation. This alone can be difficult to document, depending on the industry that you are working in. More often than not, this means that you will have to get written reports from fellow coworkers documenting and describing the terminated employee’s behavior, and why it was bad for the company. The more documented proof you have to show grounds for termination, the better off your company will be.
You also will have to put together a packet which gives the soon-to-be ex-employee information about COBRA, their healthcare, unemployment insurance, and other necessary-to-know items. This is part of fulfilling your legal obligations to the terminated employee by making them understand what they are still entitled to, once they are no longer active employees of your company. Again, failure to do these things may leave you open to a lawsuit.
Lastly, if at all possible, attempt to end the employee’s time at the company in as positive a manner as possible. After all, ending on a good note will at least make your employee remember the good times at work instead of the disappointment, anger and embarrassment of being fired.
Terminating an employee is never easy to do, even if it’s an employee who has been completely overstepping his bounds. In order to ensure that you terminate an employee in a legally acceptable manner and protect your company from litigation, you will need the help of a lawyer to walk you through the employee termination process.
The skilled business law attorneys at Posternock Apell, PC have many years of experience guiding business owners, like you, through all types employment issues. Contact us today for a consultation about your situation. You’ve worked hard to build your business; we will work hard to protect your business.