If a worker does something so terrible that you must take immediate action, tell the worker that he or she is suspended, effective immediately, while you investigate (or cool down). Employees who are fired in this way are the most likely to sue you or to cause other trouble for you and your business. Why? Acting out of anger or frustration is a good way to get yourself in legal hot water. These steps include documenting the problem, using fair rules and procedures, and investigating the "last straw" incident thoroughly.įirst, though, a word about what not to do: we recommend that you make a personal commitment that you will never fire an employee on the spot. There are a number of steps you need to take before you fire somebody for insubordination, breaking a work rule or any other type of misconduct, or for simply performing poorly on the job. What to do before firing for misconduct or poor work Protect yourself by laying the groundwork before firing a worker and by dealing with the worst case scenario-firing someone on the spot. Many of these same rules are also useful in establishing your defense - that you had a good reason to fire your employee - if it turns out that the worker does sue you, after all. By keeping in mind some basic management and interpersonal rules, you can go a long way toward diffusing the anger of a discharged employee - an employee who might otherwise vent his or her wrath in a courtroom. The best way to "win" a lawsuit is to avoid it in the first place. What's more, these days workers who feel they have been unjustly discharged or forced to quit seem to be filing a multitude of employment-related suits.
Despite the prevalence of employment-at-will laws, in reality, your right to fire is becoming more and more restricted because of the tremendous growth in federal and state laws that favor employees. Whatever your reasons are for terminating an employee, a wise employer will always follow the proper termination procedures. Avoid firing someone on the spot and use severance and release agreements to limit your liability. Whether your reasons for firing an employee are based on work performance, due to an economic layoff, or for another reason, following the proper termination procedures goes a long way in avoiding legal issues.
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