6 SINS OF TERMINATION - WAYS TO PREVENT LAWSUIT
Since terminations are the source of many lawsuits, it’s valuable to learn how to do them right:
1. Terminating rashly in a fit of anger. There are many factors to consider before terminating. Being disrespectful encourages people to sue.
2. Terminating in public, especially in a humiliating way. Public humiliation is a lawsuit magnet.
3. Terminating without checking with Human Resources. HR needs to be able to evaluate a number of factors, such as contract, appropriateness, consistency, and special circumstances before there is any termination.
4. Termination that looks like retaliation. When a termination closely follows a protected act, such as making complaints, there will be an obvious suggestion of retaliation.
5. Offering a false basis for a termination.
6. Terminating without a reason on the basis of “at-will.” If, as an employer, you’re faced with litigation. you have to defend by providing that yes, your manager fired an employee for no reason. However, then you have to explain why “no reason” is more likely than the illegal reason, such as being fired because of being part of the protected class- that is, race, sex, age, disability, etc. This dilemma is not going to end well.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.