The 4 keys to avoiding a wrongful employment termination lawsuit.

by on May 22, 2009 · 0 Comment POSTED IN: HR Info Center

Basic management practices avoid employment termination problems

  1. Manage your mouth.
  2. You might tell an employee they look nice, and they’ll thank you for it. Or you might say the same thing and they might say think you’re a creep and file a lawsuit for employment termination and sexual harassment. Wait a minute. It’s the same words. But think “60 Minutes”, and these days, think YouTube. Outsiders are going to look at the boss. They’ll want to know what you’ve done in the past, and how you communicated. If you fired one for the same action, then they’ll ask how come you didn’t fire two for that action?

    I mean employees and outsiders, they’re going to be watching us just like a little kid may watch a parent. So we are the example.

    Managers get the employees you deserve. They may inherit everything else six, eight months. But managers at all levels have obligations to do what they need to do to surround themselves and their other good people with good people. If you’re constantly complaining about your people, this is a clue. When the team goes badly, they get rid of the coach. We get the employees we deserve.

  3. Send the right message.
  4. They live by our example. This basic management 101, it’s been taught for 30 years, and it’s very critical in uncertain times. They’re going to be watching us like a hawk. So make sure that you’re sending the right message with your actions. Think like outsiders think about employment termination.

  5. Stay out of court.
  6. Be consistent in your paperwork and make exceptions to employment termination based on performance, behavior. Keep them few and far between. The more consistent you are with your employment termination procedures and your approach, the easier it is and more defensible it is if you’re challenged in court.

  7. Documentation is key in employment termination.
  8. Take credit for the good work. And that’s why supervisors shouldn’t spend this time going through all this if you’re not going to take credit for it. You don’t have to write them up everyday. It’s not a full time job. But you want to send the message. Good people know who the bad ones are. They know management knows. So communicate expectations. Hold people accountable.

    When you’re about to terminate an employee, you’re essentially saying “Here’s your job. You decide.” And then you’re the boss. Think like outsiders will.

These are the edited remarks from the Rapid Learning Institute webinar:
“Yes, You Can Fire Without Fear! What Every Supervisor Needs to Know” hosted by Hunter Lott, Esq. on September 22, 2008

Leave a Reply


Request a Free Demo

We'd love to show you how this industry-leading training system can help you develop your team. Please fill out this quick form or give us a call at 877-792-2172 to schedule your one-on-one demo with a Rapid Learning Specialist.