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Legally Firing Employees
When firing an employee, there are some legal considerations an employer should make. First, it should be noted that in most cases, it is never illegal to fire an employee. The vast majority of states in the United States have a system of “at will” employment. This means that, in the absence of an employment contract, the arrangement can be terminated at any time, by either party, for any reason (no matter how arbitrary) or no reason at all.
That said, there are some cases where firing an employee might be unlawful. If it is on the basis of race, gender, religion, or national origin, federal law gives employees significant legal recourse. Because of strong state and federal anti-discrimination laws, it is a good idea for employers to document the employee’s shortcomings, confront the employee with those concerns, and give them a few chances to correct this behavior. It is also a good idea for organizations to have a system of graduated discipline, such as warnings, re-training, and suspension, with termination being a last resort. If such a system is in place, and consistently employed, it will greatly decrease the chances of an employee prevailing in a discrimination lawsuit.
Besides these legal considerations, there are basic considerations of tact and ethics that should be considered. One should never fire an employee where others might overhear. The person doing the firing should clearly lay out why the employee is being fired, in the most polite and civil way possible. This will let the employee know that you have a good reason for firing them, and hopefully give them some guidance for their next job.
It is also a good idea to promise a good job reference, unless the conduct leading to their termination was so outrageous that you could not honestly say anything good about them. Generally, however, an employer should be able to come up with at least some good qualities about an employee that can be relayed to a future employer, even if the best that can be said about someone is that he always left on time.
When firing an employee, a major concern is avoiding a wrongful termination lawsuit. Acting in a way that minimizes resentment will go a long way in avoiding this.
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