Avoiding Employee Legal Problems

For employers, terminating employees can be an extremely hard undertaking. Nobody usually likes to such an experience, the same goes for employers. But there are times when such things may be necessary, depending on the circumstances.

The decision to terminate an employee can also be difficult from a legal standpoint. Employers have to make sure that employee termination should not pose a legal challenge from the people involved.

Employers would need to make sure that the proper steps are taken in terminating an employee or else face wrongful discharge or discrimination claims from the affected employee.

Here are some things that employers must do and consider before terminating an employee to avoid possible legal problems later on.


Before deciding to terminate a certain employee, there must be a legitimate reason why this must be done. Employers may need to have a legitimate explanation to offer whenever an employee asks about the cause and reason for the termination.

This may include the employer first conducting an investigation concerning the events regarding the reason behind the possible termination.

Both side of the employee involved as well as any other party should be taken into consideration before any termination is to be decided.

Be Fair and Consistent

When it comes to handing out punishment or termination, employers should try be consistent in handing out the appropriate punishment as well as termination, if the circumstances so require.

Employers should try to be careful in handing out punishments to employees, making sure that it fits or is sufficient enough for the violations made.

Employers should try also to hand out termination as fairly or they may be regarded by others to be taking sides or favoring certain employees.

Right Timing and Process

There are times when employees may also need a second chance at proving that they are fit for the job. Sometimes handing out an immediate termination may not work well for both parties involved. Employers may consider other alternatives short of termination for employees who deserve a second chance.

When an employer requires to terminate an employee, everything should be done with due process. Some companies have their own termination procedures and processes and employers would need to look carefully into this to make sure that they are doing things right.

Employees have the right to be notified at the right time about being terminated. Prior notice of termination may be a good thing since it avoids surprise reactions from an employee involved that usually leads to violent and angry reactions.

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