Addressing employee behavioral issues can be tricky, but firing an employee without warning is never wise. In most cases, a … Read more
Deciding whether to fire an employee is rarely simple. You must weigh numerous personnel and business factors, as well as review every possible legal angle. One hasty or unfair firing could come back to haunt you if a disgruntled employee files for unlawful termination.
By understanding your rights — as well as what constitutes an appropriate, legal termination — you can remain on firm footing with any firing decision.
You may be surprised to learn that one of your best protections against a termination-related lawsuit begins at the hiring stage. Unless you are a government employer or operate under a contract, your company is most likely an at-will employer. At-will simply means the employment relationship may be terminated at any time, for any reason or no reason at all — except for an illegal reason.
These illegal reasons fall under various federal and state laws, such as Title VII, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Firing an employee because of race, color, national origin, religion, age, gender, disability or other legally protected characteristics is strictly prohibited.
Each of these anti-discrimination laws also makes it illegal to fire someone in retaliation for complaining about discrimination/harassment or participating in a related investigation or proceeding. Further still, you can’t fire someone for whistle-blowing, reporting an OSHA violation, requesting time off under the Family and Medical Leave Act (FMLA) and other activities protected by public policy.
For a terminated employee to build a case under any of these laws, he or she must prove that you based your decision on an illegal factor versus a “legitimate business reason.”
So when can you confidently fire an employee without worry of repercussions? To avoid complications, a firing should only be based on these legitimate business reasons:
Even after identifying these acceptable reasons, you still need to be extremely careful when terminating employees. Take these additional precautions:
The right tools and a clear action plan can help you handle the toughest situations. The Progressive Discipline Smart App from HRdirect is ideal for addressing employee discipline issues promptly and appropriately, as well as providing the necessary backup if termination becomes your only option.
For additional resources and expert direction, check out the free webinar, Avoid Termination Blunders: How to Fire an Employee Legally and Fairly, or the tip sheet, Fire Without Fear: Everything You Must Consider Before Choosing to Terminate.
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At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.
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