Firing Without Getting Burned
Designate a specific and impartial-discharge czar” to make all final decisions
No frontline supervisor should have the authority to discharge an employee, on the spot.”
Listen and have witnesses
Before an employee is discharged, the employer always should listen to the employees explanation, with two people present at the interview- one to ask questions and one to take notes.
Protect the employee’s privacy and dignity
When informed of the employer, decision, the employee should be given the real reason for the discharge, and the employer should explain why the employee’s continued employment is not in the companys best interest.
Consider early resolution of potential disputes
Employment disputes can often be headed off early and inexpensively through the use of termination and severance agreements or settlements. It maybe wise to have legal counsel make the decision to use such agreements so as to preserve the attorney/client and attorney work product privileges, and shield the analysis from discovery in a later lawsuit.
There is much that employers can do to protect themselves against wrongful discharge litigation. However, when dealing with a specific discharge issue, it is always a good idea to seek the advice of legal counsel,
Other articles by Emma:
Affordable Care Act 101 Small Business Tips
Small Business Absent Without Leave
Zero Tolerance- Sexual Harrassment
