Terminating an Employee

Firing or laying off an employee can sometimes cause issues in the workplace. It can bring down productivity and morale or even cost the employer a lawsuit if it is handled improperly. In-house attorneys can help make this process go smoothly and prevent or be ready for a lawsuit should one arise from a disgruntled former employee.

When making the case for firing an employee, the employer should gather all of the corresponding paperwork that shows the reason for termination. This could include performance evaluations, disciplinary action forms, attendance sheets and more.

This paperwork is what helps to build the case, and without proper documentation of their work history it can turn into an ugly legal battle. In-house attorneys can help the employer build a solid case around the decision to terminate the employee in question.

An in-house attorney will also be knowledgeable about the protected classes of employees, and if the one being discussed is under protection by a state of local law. Currently, federal law prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, age, disability or citizenship.

It’s best to make sure all bases are covered when letting go of an employee so things don’t turn nasty in a hurry. However, having an attorney around if it does can be a good plan. 


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