Legal Issues When Terminating Employees
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Understand the risks inherent in any termination and learn to navigate and mitigate those risks as much as possible.Terminations are fraught with risk, even when an employer thinks they have an airtight reason for terminating an employee, for example, a clear violation of company policy. However, an employee's seemingly repeated violations of the attendance policy may be due to legally protected absences which cannot be counted against them. Similarly, the decision maker for the termination may not always have all the facts. Or the documentation which seems strong may actually be problematic if other employees with similar performance problems or policy violations were not treated the same. This material will help you identify the risks inherent in any termination and help you navigate and mitigate those risks as much as possible.
AuthorsAmber M. Spataro, Littler Mendelson P.C.
At-Will and Its Exceptions: Why Can't I Just Terminate Someone Whenever I Want?
Identifying Risky Terminations
• Protected Categories
• Protected Complaints
• Protected Absences
How to Manage Risk