Wrongful termination cases are some of the most expensive employment cases to defend. An at will policy does not insulate Employers from claims of wrongful termination. To reduce the number of wrongful termination claims, the Employer should evaluate its own policies and procedures to ensure having followed those before the termination. And to reduce the number of claims even further, we recommend Employers do the following:
- Get all the facts. Do you have specifics about the worker’s misconduct and/or performance?
- If performance is the issue, determine the reasons the worker is a poor performer.
- If misconduct is the issue, decide why the misconduct occurred. Did any managers or fellow workers contribute to the misconduct? Does the punishment fit the crime?
- Always document performance problems or misconduct in writing, but be smart about what kind of written record you make.
- Determine whether this discipline is consistent with prior discipline of similar problems.
- Determine and record your legitimate business reasons for taking the action.
- Call an employer lawyer when a special issue arises. Some special issues involve wages, hours, harassment, and violence/threats on the job.
To make an appointment and consult with one of our attorneys, please call 408.796.7551, or fill out the contact form with a brief description of your employment issue.