Three termination of employment problems that can take you by surprise

by on June 1, 2009 · 0 Comment POSTED IN: HR Info Center

Protect yourself from unfair termination of employment claims

Most employers have safeguards in place to make sure employees can’t claim their termination of employment was either discrimination or retaliation.

That’s good, because these two arguments are the ones employees most often use in suing for unfair termination of employment.

But are you aware of the other legal hooks that fired employees may try to snag you on?

Here are three other dangers in termination of employment, and tips for avoiding them:

  1. Defamation. This claim may arise if an employee thinks the company or co-workers said things that harmed their reputation and may have made it harder for them to find another job. To avoid this problem, centralize any response to requests for references or info about the former employee.
  2. Intentional infliction of emotional distress. This is hard to prove, because the employee must show that management acted in an “extreme and outrageous” way. Be sure to discipline managers who subject employees to abuse, even if it’s not discriminatory.
  3. Breach of contract. This claim can arise where there is an employment contract, or where an employee handbook or policy is carelessly written so as to become a contract

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