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Tips on How to Avoid Facing a Wrongful Termination Case

By Edited Sep 10, 2015 0 0

An employer is considered as the most powerful person in the workplace because he has the right to make employment-related decisions which can affect all of his employees. However, because he is in charge of monitoring the workplace, he may also be burdened with the responsibility of removing employees who have failed to meet his standards or have done a serious violation.

 

As an employer, terminating an employee is not an easy task because it can negatively affect your business operations, but you still need to do it for the sake of the company. However, before doing so, it is advisable that you think about the problems that your action might cause.

 

Remember, you may be sued for wrongful termination if you fired an employee in violation of his rights.  If you want to avoid facing a costly lawsuit, here are some of the things that you need to do before you fire an employee:

 

  • Consult a Los Angeles wrongful termination lawyer- Your lawyer will determine if you have a good basis for firing an employee. If this action will expose you to liability, he will then help you think of ways on how to discipline the employee. 

 

  • Review the employee handbook- If the violation your employee has done is covered by the employee handbook, you can use this tool as a basis when justifying your decision. You can tell him that the imposed punishment for his violation is termination. He will then know that you are just complying with company policies and you are not terminating him due to personal reasons.

 

  • Review the employment contract- If the employee has signed an employee contract, you should first read the document before doing anything against him. If it states that the employee should be employed in the company for the next months or years, then you might need to honor it.

 

However, although the employment contract creates a bond between you and your employee, this bond can be broken if he has done an action that is strictly prohibited in the company. In order to avoid liability when you terminate him, you should read the contract carefully to see if there are any exemptions to the agreement.

 

If you want to know more tips on how to avoid being sued for wrongful termination, you can call a Los Angeles employment lawyer.

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