When you’re trying to get a business off the ground, experts say you need the services of two professionals: an accountant and a small business lawyer. While the reason for hiring an accountant is apparent, the reasons for hiring a lawyer may not be. A small business attorney is a lawyer who specializes in the […]
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Unless you’re a lawyer or have had previous legal experience, it’s highly unlikely that you would know when it’s time to have legal representation. And with the many types of lawyers available in the United States, you also would have a difficult time sorting out which kind you need. Going through a legal proceeding is […]
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Firing employees consistently ranks as the worst duty an employer must perform. Wrongful termination lawsuits are the most commonly litigated category of employment claims and cost employers over $482 million in 2016 alone. These claims can arise when employers violate an employee’s civil rights through workplace harassment or discrimination, breach a contract with an employee, or retaliate against an employee for protected activities such as filing workers’ compensation or whistleblowing. Even rejected claims can generate huge legal fees, so following proper procedures and protecting workers’ dignity can save your company big money.
Following are some simple guidelines to follow when it’s time to say goodbye to an employee. This article does not constitute legal advice. Keep in mind that you should always consult a qualified employment attorney before making any termination decisions. In Chicago, we recommend the law firm of Roth Fioretti (check their avvo profile) for all employment law issues.
The first rule is also the most simple. Before taking the drastic action of terminating an employee, question the motives behind the prospective firing internally.
If a supervisor recommends termination, make sure he or she can articulate provable non-discriminatory reasons for the action. If the employee at issue has a history that involves any protected activity, such as filing an EEOC claim or seeking workers’ compensation, make sure there is no relation between the protected activity and the termination, and be prepared to discuss this with the employee. If the employee has a written contract, make sure your company complies with all prescribed procedures. If there is a company handbook, make sure all policies have been followed by everyone involved.
When hiring an employee, expectations should be explained. When firing an employee, it is important to explain why or how the employee failed to meet those expectations. This could be done in writing, but if so, make sure to follow proper procedures set out by human resources.
If the employee has broken the rules, this should be articulated. If job performance is the issue, it should be explained calmly to the employee. If the termination is part of a company lay off or cut back, this should be explained to the employee as well.
When choosing how or when to terminate someone, consider who could be watching and do everything possible to avoid embarrassing your employee. Asking him or her to stay a few minutes at the end of the day after coworkers have departed might be considered. If company property must be returned, consider how to facilitate the transfer better. If a company car is involved, get them a taxi.
It is always best to have an unbiased witness to a termination. A representative from human resources should either deliver the news or at least be present for its delivery. If this is impossible, document the meeting with a visible audio recorder and tell the employee the meeting is being recorded.
Terminating employees is painful and can be emotional for everyone involved. Giving clear communication and allowing for a graceful departure can help make the best of a bad situation and save your company a great deal of money in the process.
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As the head cheerleader of a start-up, it is important to note that most of the largest businesses began from the point of mentorship. Someone believed in the business proprietors. They were somehow motivated by an individual who believed in their area of specialization. Like the American business author Zig Ziglar said, any successful man […]
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You have your product and supplier lined up, you’re conducting the last round of interviews with potential employees, and you’ve got an SEO strategy ready to go. You should be ready to open your business in the next week or so. But before you do, there are some important things you must consider before you […]
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