McNamee Hosea News & Press


Businesses Can Reduce Risk of Wrongful Termination Lawsuits

For most businesses a strong workforce is a big part of succeeding. Accordingly, having the right people on staff is imperative. When a worker who is hired as an at-will employee is not working out, a business may let that person go and find a replacement. While some workers will understand why this has happened, others may not and decide to take legal action against the former employer.

There are a variety of reasons that could be the basis of a wrongful termination claim. In this post we will provide information on what employers need to do-- above and beyond having and following policies--to make sure the termination of an employee's position does not come back to haunt them.

The first thing is to provide information to the employee regarding why he or she is let go. Along those same lines, giving bad performance as a reason for terminating the employment of someone who has had good performance reviews is problematic. It is important that any paperwork supports the action taken.

Second, if a worker files an internal complaint, an investigation should be commenced as quickly as possible. If there is a reason it needs to be delayed, this should be communicated to the employee as well as information regarding when the investigation will likely be commenced.

Next, it is important to be cognizant of other things happening around the same time of the termination. Letting a person go shortly after they file an internal complaint regarding something else should be avoided. This is true even if another reason for the firing is offered.

Last, responding in a courteous and prompt manner to contact made by the Equal Employment Opportunity Commission regarding a charge is important.
Regardless of the type of employment dispute, it is a good idea for an employer to have a knowledgeable lawyer on its side. That person can help make sure the best interests of the business are being looked out for.