Employment Termination How to Avoid Leg
How to Avoid Legal Ramifications
Employment & Recruitment
Prof. Julie DeCosta
October 15, 2014
Termination is one of the most difficult tasks a manager or supervisor will have to perform. Managers & supervisors, or those responsible for the hiring and firing in an organization, need to have a good understanding of everything that is involved in an employee exiting the company. The decision to terminate an individual’s employment carries with it a risk of possible legal challenges. In today’s society, it is much, much harder to terminate an employee. Employees are aware of their rights under the law and are likely to seek advice from an attorney if they feel they’ve been wrongfully terminated. Employers should always make sure that when the need arises to terminate an employee that the motive is honorable, necessary and legitimate. To help employers avoid wrongful termination lawsuits, I will discuss some legal guidelines and facts that will help avoid such ramifications in the future.
A termination occurs when an employer or employee ends employment with the company. Termination can be voluntary- occurs when an employee resigns from his/her job for various reasons such as a new job, relocating out of state, returning to school on a full time basis, personal/family health issues and retirement; or Involuntary- occurs when an employer fires or removes an employee from his/her job.
Involuntary termination usually results from an employee’s poor work performance, violation of a work policy or negative behavior. It also can occur when a company faces economic downturn or some kind of financial hardship where layoffs are the only option in order for the company to survive. Other events that trigger involuntary terminations can include merger and acquisitions and company relocation.
Whether a voluntary or involuntary termination, employers should always