How Do You Fire An Employee And Avoid A Lawsuit?
Some believe that firing an employee may lead to a lawsuit, but this is not true. You, as a employer, have the right to fire anyone that you employ for cause. The problems come when you don’t do it properly. If you run a Union shop you must follow the Union rules. Firing someone should be a last resort but may be a necessary one. Investigate the reasons behind the firing. If a person’s supervisor has asked that a person she supervises be fired, find out what the circumstances are. Check records. See if this employee has done similar things or has been written up before. Determine if anyone has been penalized or fired for the same thing. Review any written policies that pertain to termination of an employee. Check to see if the employee has indeed violated policy. Consider what the employee has been told about the infraction he has been accused of. If this is a minor indiscretion and it is the first time this incident has occurred, perhaps a warning letter would suffice. Compare what th
