It is hard for an employer to fire an employee, just as much as it is hard for an employee to lose his job. In this time when finding a decent job is harder than doing actual work, being employed will help a person survive. Termination may also be hard if the employer and employee had developed a strong relationship over the years, may it be professionally or as friends. That's why it is important for employers to make a decision regarding employment termination with care. Here are some things they have to consider before breaking the bad news to their workers.
- Contemplate on the decision to terminate thoroughly. Whatever the reason for the termination is, do not act rashly about it. Find a logical behind it, especially if it has something to do with work performance or misconduct.
- Make sure that the reason behind it is valid. There are a few reasons for termination that are considered unlawful, but that will depend on the state laws. For example, employers cannot terminate an employee for "whistleblowing" since this is a form of retaliation towards those who testify against a company's unlawful practices. In California, termination for disclosing the amount of an employee's wage to another party is also illegal.
- Don't get personal: Do not let your own prejudices be the reason for termination. Firing an employee based on the employee's sex, nationality, age or disability is considered discrimination and therefore not allowed. However, terminating an employee who discriminate others may be permissible.
- Make sure that all performance reviews are on paper. This is especially important if the reason is an employee's poor performance. Reports and warnings issued to the concerned employee must be copied and kept in case you have to defend the grounds for termination.
- Keep the information confidential. Only concerned individuals should be notified of the termination, and ask them to keep it to themselves.
- Arrange a meeting with these concerned individuals. An employee for human resources who can explain rights and other similar matters to the employee, and the employee's supervisor who can support the employer's decision, should be present during this meeting. Do the meeting in a private place as to avoid eavesdroppers.
- Ask for the return of office equipment, especially keys or access cards.
Employees who think that their dismissal is unlawful may seek the help of termination law attorneys in Los Angeles. If employers don't want to deal with lawsuits like this, then it's not a bad idea to consider these things mentioned above.
This article is not meant to be interpreted as a legal advice. To know the available legal options regarding your case, consult an Employment Law Attorney for more information.