You’ve most likely had to let employees go due to a variety of reasons. The best outcome for these types of situations are when the employee isn’t caught off-guard by the termination. Here are some of the steps that you can follow that will help you to avoid a wrongful termination case.
Set Expectations in Writing
Having written expectations for every job will get all parties on the same page. This could come in the form of a job description or even individual improvement plans when you notice an employee struggling. People need to have clear guidelines so that they can change their pattern of behavior. Without these expectations set out in writing, you may be opening yourself up to a lawsuit. This is because your ex-employee can make claims against you for reasons other than your stated termination cause.
Document All Infractions
If you don’t have disciplinary guidelines in place, you need to establish them in order to protect yourself. Many companies use the progressive forms of discipline that will escalate each infraction that occurs during a set timeframe. Depending on the severity of the infraction, steps may be skipped over in the progressive discipline format. Some companies, like https://lawsuitsettlementfunding.com/, know that you may also want to consider lawsuit settlement funding so that you can avoid some of these issues having to go to court.
Create a Legal Fund
In some instances, it can be less costly to settle with the employee than to drag the proceedings through court. This could be in the case when things may be misconstrued or you’re unsure about the outcome of the case. Having lawsuit funding for wrongful terminations can prove to be beneficial for your company because it tends to cost less money this way. It would provide you with some funds if you decided to fight the employee over the matter.
Make Yourself Clear
Whenever you have to terminate someone, you need to make yourself very clear about the situation. State to the employee the reasons for them being terminated. You may even need to provide them with evidence that supports your case. Always have a witness present so that the employee can’t claim some form of wrongdoing on your part. If you’re worried about repercussions from the employee, offer a severance package to ease the potential for fallout. You don’t want to leave things on a bad note.
You can protect yourself from wrongful termination cases by taking preventative measures. Use these strategies so that you don’t find you’re in a courtroom having to defend your decision.