Employee Firing Policy
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Employee Firing Policy
Wrongful termination involves firing an employee for a reason such as retaliation, discrimination, or illegal acts. This action can lead to expensive lawsuits and unemployment compensation. Not having or following an employee firing policy can also result in lawsuits.
Do I Need an Employee Firing Policy at My Company?
Yes. An employer should develop a policy for outlining the process for firing an employee at the company. Part of the policy should involve documenting the reasons for firing an employee, such as:
- Sexual harassment
- Verbal abuse
- Repeated unexcused lateness or absences
- Physical violence
- Theft from an employee or company
- Drug or alcohol use on the job
Do I Need a Reason to Fire an Employee?
Not in many jurisdictions. Most states are at-will states. This means that an employer can fire an employee for any reason as long as it does not violate the law. For example, an employer can fire an employee because they want to hire their friend for the position, but they are not allowed to fire an employee because of retaliation, since doing so is illegal.
Should I Deal with Firings on a Case-by-Case Basis?
No. An employer who does not apply the same rules and procedures to all employees risks:
- Discrimination lawsuits
- Unequal treatment among employees
Can I Fire an Employee While They Are on Probation?
Yes. A probation period is an introductory period of employment before the regular employment contract becomes enforceable. It generally lasts anywhere from three to six months continuously. The probation period is used to see if the employee is a good fit for the company and the position. Since it may be discovered that the employee is not a good fit during the period, they can be fired without the employer needing to adhere to the firing procedures that exist for regular employees, such as a requirement for multiple warnings before the actual firing can take place.
What Should Happen Immediately after Firing an Employee?
After firing an employee, an employer should immediately document details about the event in writing. This will help with any future litigation if the employee sues later.
Should I Talk to an Attorney about and Employee Firing Policy?
Yes. To understand more about creating firing policies and procedures, contact an employment attorney. The attorney will explain your options and how to create fair and effective policies.
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Last Modified: 09-29-2015 12:06 PM PDT
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