Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Firing Employees
Can I Fire an Employee for Any Reason?
No. Most employees are considered "at will" employees. This means that you can fire the employee for any reason you wish, so long as it is not an illegal reason. Examples of illegal reasons include discrimination and retaliation. As long as your reason for firing an "at will" employee is not illegal, it doesn't have to be related to job performance. But, if the employee has an employment contract, the permissible reasons for firing will usually be contained in the contract.
If I Fire an Employee, Do I Have to Offer a Severance Package?
No, you are not required by law to offer severance packages to employees you fire. But, under some circumstances you probably should consider providing severance pay or a severance package. For example, if you promised one to the employee or signed a contract which contained a clause promising a severance package, you should honor the promise or contract.
What Should I Tell Coworkers of the Employee I Fired?
When you fire an employee, it may cause a disturbance among that employee?s coworkers. It is best to limit your discussion of why you fired the employee as much as possible so you can avoid defamation and wrongful termination lawsuits. If employees are concerned, just tell them you cannot discuss the matter because you are respecting the privacy of the person fired. If necessary, discuss what you're looking for from an employee and how the person concerned is meeting your expectations to reassure them they won?t be next to be fired.
What Should I Do if I am Listed as a Reference for an Employee I Fired?
If a prospective employer seeks a reference from you about an employee you fired, just do what you are comfortable with doing. For example, if you feel comfortable providing a positive reference, then do so. On the other hand, if you are not comfortable doing this, then limit what you say as much as possible. For example, say that you can only verify job responsibilities and dates of employment. It is best to not say negative things about the former employee because you will open yourself up to a defamation lawsuit.
I'm Thinking about Firing an Employee, Do I Need a Lawyer?
Employment law is very complicated and is undergoing constant change. A knowledgeable employment lawyer can help you come up with firing practices that will help you avoid liability. An experienced employment attorney can represent you if you are sued for defamation or wrongful termination.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
