Terminating (Firing) an employee that works for you can be expose you
to legal risks, but there are things you can do to minimize those
risks.
Make sure to keep good do***entation on employees, such as job
responsibilities. You should have performance reviews and save copies
of their evaluations. Your company likely has a discipline policy, and
it needs to be applied consistently and have warnings do***ented.
Consulting an employment attorney before the termination can be a good
way to help insulate you from legal troubles. They can also help you
prepare for a discrimination lawsuit if one is likely to occur. If
they do sue you for this, you will need to prove that the firing was
performance related rather than to do to some personal factor such as
race, religion, or age.
Plan everything ahead of the meeting. It might be a good idea to write
a termination agreement for the employee, allowing some benefits for
post-employment insurance of health care.
Evaluate the employee's access to company property and information.
Do***ent whatever physical items they have of the company's. It may be
necessary to change passwords and locks....
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