Reduce the Chances of a Wrongful Termination Lawsuit By Following These Tips

 Posted on February 11, 2020 in DuPage County Business Law Attorney

If you are a business owner, you are probably an extremely busy person. The last thing you need is to deal with an employee suing you for alleged wrongful termination. Not only are wrongful termination lawsuits stressful and time consuming, they can also be extremely expensive. The average amount received by terminated employees in a wrongful termination or employment discrimination claim is just over $37,000. Most wrongful termination claims involve an allegation that the employer breached the employment contract or that the termination somehow violated a state or federal employment law. One of the best ways to avoid a discrimination suit or wrongful termination claim is to follow proper procedures when firing employees.

Make Sure All Employees Understand the Company’s Policies

Employees should be fully aware of the company’s policies regarding employee expectations, discipline, and termination. Many employers find that writing policies and procedures in a comprehensive employee handbook is one way to ensure that employees have a written record of rules and expectations. An experienced business lawyer is a tremendously valuable resource when it comes to formulating an employee handbook that gives you the best chances of avoiding a lawsuit.

Conduct Performance Reviews and Document Everything

Unless an employee has committed an especially egregious act that necessitates an immediate termination, firing an employee should be a last resort. An employee who is underperforming should be made aware of the ways in which he or she is not meeting expectations and given guidance on how to improve. Conducting regular performance reviews is a great way to let an employee know when he or she is missing the mark. Make sure you keep documentation of the dates of these reviews, what was discussed during the reviews, and how you and supervisory staff have made efforts to help the struggling employee.

Have a Witness Present at the Termination Meeting

If you have reason to suspect that the employee will not take the termination well or that he or she will attempt to bring a discrimination or wrongful termination claim to spite you, have a witness present during the termination meeting. If you have human resources staff, make sure a member of your HR team is present. If you do not have a dedicated human resources worker, ask a higher-lever employee to sit in on the meeting. A witness will be able to corroborate your version of the events if there is an allegation that you said something you did not actually say during the meeting.

Contact a Wheaton Business Lawyer

For help drafting employment agreements, company policies, hiring practices, and employment handbooks, contact an experienced DuPage County business law attorney from Stock, Carlson & Asso. LLC. We will help you formulate company policies and contracts that give you the best chances of avoid any future business litigation. If you are the subject of a wrongful termination claim, we will aggressively advocate on your behalf. Call our office at 630-665-2500 and schedule a confidential consultation.

Sources:

https://www.entrepreneur.com/article/344232

https://www.inc.com/jeff-haden/how-to-fire-an-employee.html