Employee Termination without Litigation

Question:

“Why is it that an employee can quit when they feel like it and, yet, if an employer terminates an employee without going through a formal disciplinary process, the employer may risk a lawsuit?”

Answer:  While it is true that most employment is "at will", employers must also abide by employment laws. Formal disciplinary processes are recommended for several reasons, one of which is to provide evidence of non discriminatory behavior on the part of the employer.

Two Steps to Eliminate Termination Lawsuits

First Step– Create Job Descriptions

Document why the job exists. Define how it contributes to the success of the organization.

HR Tip :  The job description defines the job function as

 separate from the person performing the duties of the job. 

Second Step – Establish Goals, Measure Contribution

The person holding the job needs to know that they are (or are not) fulfilling the requirements of the job.  Therefore, establish goals and track performance.

HR Tip :  The burden is on the employer to set up the system of

communication and measurement in regard to job performance.

When the needs of the organization are clear to all participants as well as their contribution, not only will it be easier to fulfill your organizational purpose and goals, you immediately reduce your risk of employment lawsuits.  

If you have a current termination situation, don't delay,
contact me for a free 30 minute initial consultation.