Why pre-termination notice is important if employee is at-will?
Segal notes that pre-termination notice is important for four reasons: • Fairness to the employee (and by the way, all the other employees are watching to see how they’ll be treated) • May result in employee improving, thus saving the cost to the employer of replace the employee • Decreases the likelihood of a claim because the employee won’t be surprised • Decreases the employer’s exposure in litigation because employee was on notice, and given a chance to improve Usually there’s a legitimate, sound business rationale for a termination, and managers arrive at the decision with a “pure heart,” Segal says. So why are there so many claims? There are four general reasons for these claims, he says. • Absence of adequate pre-termination notice (employees weren’t aware of shortcomings, or they believe that they weren’t given a reasonable chance to succeed) • Language in disciplinary documentation was offensive or gave the wrong signal (for example, You didn’t try hard enough.”) • Manner of i
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