Whether you are running a startup, a small business, or an established multinational company, a wrongful termination lawsuit is something that you dread.
Terminating employees is something that you have to do at some point in time. There will come a time when you will realize that there is no way around terminating a said employee. Regardless of whether you are downsizing or if it is because of downsizing, you would want to terminate the employee in a way that doesn’t lead to a wrongful termination lawsuit.
How you handle your employees during the termination process can have a significant impact on their decision to file a claim. Sometimes an employee might love conflict and will turn litigious, leaving you without an option but to face the lawsuit.
However, as an organization, the best you can do is try cutting down on these lawsuits. Here we are some of the tips and techniques you can follow to keep out and avoid wrongful termination lawsuit:
If you’re terminating an employee because of poor performance or misconduct, you should make sure that everything is documented. From complaints to official warnings, you should have a record of everything with a stamped date. This will prove to the court that everything was documented, and the proper rules and regulations were followed during the termination process.
Terminate with Empathy
Even a small amount of empathy can work magic here. Whenever you are terminating an employee, make sure to tell them just how hard a decision it is for you and how you wouldn’t want to be in their shoes. But, do tell them how this termination could benefit them and might lead to decent growth opportunities in the future. Compassion and empathy might not surely work, but both of them can go a long way in satisfying employees.
Follow the Law
Being accused of unlawful termination is not fun and will damage your reputation in the market. To avoid any such instances, you should follow the law in detail and make sure that you have given as many warnings as outlined in your policy. Also, provide the required severance to employees during periods of downsizing.
If you don’t have an employee handbook ready as of yet, start working on one immediately and make sure that you have your policies on paper. The handbook should be accessible to employees as well so that they can decide how much of it is being followed.
At JS Benefits Group, we can help discuss and identify the ways to safeguard your company from a wrongful termination lawsuit. Get in touch with us to know more about what we offer and how we can help you.