| As an HR manager, firing employees is one area | | | | Are you keeping updated on state and federal |
| of the job that requires special care. By | | | | laws affecting personnel issues? Use a |
| mishandling just one employee termination, your | | | | trustworthy source such as the local Fair |
| company could easily lead to costly, embarrassing | | | | Employment Practice Agency (FPA). Make sure |
| and lengthy legal battles with former employees. | | | | that you and the rest of the management team |
| Unlawful termination lawsuits have been on the | | | | are familiar with discrimination law. For each legal |
| rise simply because it doesn't cost much to file | | | | termination, be sure to keep a paper trail that |
| the charge. Plus, more states have passed laws | | | | would be effective to back up your case in court. |
| that make it easier for employees to collect on | | | | Maintain records of the worker's past |
| discrimination charges from an employer. | | | | performance reviews, written warnings and other |
| There are a few important things that you should | | | | disciplinary notices. |
| know about the termination process, so that you | | | | Resolve Issues Prior to Legal Termination |
| can lawsuit-proof your organization. Start by | | | | Whether an employee is terminated due to poor |
| implementing fair employment policies (including a | | | | performance or budget cuts, you can attempt to |
| nondiscrimination statement), and making these | | | | resolve problems out of court. Some employers |
| documents available to all employees. It's also | | | | find it worthwhile to use severance agreements |
| helpful to keep record of the company's | | | | as a peace offering, and to help ease the |
| compliance history. | | | | transition for the terminated worker. You can also |
| Establish and Communicate Clear Guidelines | | | | avoid employee lawsuits by providing honest |
| If you don't have an official employee handbook, | | | | evaluations, when you have a chance to address |
| you should still have written guidelines on | | | | the problem in the early stages. When you give a |
| promotion, hiring and firing policies. Use the | | | | negative review, avoid making unprofessional or |
| appropriate language to detail the work criteria | | | | judgmental comments that are not solely based |
| required for a position. Also, be very clear about | | | | on job performance. |
| the types of actions that indicate poor | | | | Business owners and HR managers can take the |
| performance, and eventually a need for | | | | precautionary steps to avoid employee lawsuits. |
| disciplinary action. It works best if you keep | | | | Before firing employees, you can use the above |
| managers and employees informed on these | | | | methods to avoid problems before they get |
| documents on an annual basis. To safeguard | | | | bigger than you can handle. If you are concerned |
| against employee lawsuits, you could have them | | | | with disgruntled employees who have been legally |
| sign an agreement of compliance to these | | | | terminated, it would be wise to consult with an |
| guidelines. | | | | experienced discrimination or fair employment |
| Maintain Detailed Employment Records | | | | lawyer in the future. |