_ At some point, every employer will have to terminate an employee. To avoid claims that the termination was based on discrimination or was without just cause there is a clear procedure that should be followed to avoid future, unnecessary costs and attorney’s fees.
How do you limit potential discrimination claims? You can discharge an employee at any time for any reason, except for prohibited reasons. Generally, those prohibited reasons are: Religion, Gender (including pregnancy), Age, Race, Political beliefs, National origin, Disability, Retaliation for an otherwise legal act such as: asserting overtime rights, reporting that the employer is breaking the law (“Whistle Blowing”), or making a worker’s compensation claim There is no way to see inside of an employer’s mind to determine why he or she fired an employee, the evaluation is by actions and the result of those actions. To ensure your true reasons for firing an employee are clear, it is important to document all reprimands and maintain an Employee Handbook. |
Elliott Stapleton Attorney with CMRS Law
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