Employee Termination

Terminating an employee is always a difficult task. Although there is often no �good� way to go about it, there are certain steps that should be taken to help protect your company from legal trouble down the road. It is vitally important to implement a specific process for communicating and documenting company policies, performance standards and problems, as well as disciplinary and dismissal procedures.

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Termination is, by its nature, a confrontational process. As such, it is often fraught with threats, accusations and bad feelings. Often, these words and actions can escalate to legal action. It is, therefore, important for employers to be aware of the laws in this area, and to be particularly sensitive to the types of claims and actions that can arise as a result of a "bad" termination.

Equal employment opportunity (EEO) laws prohibit specific types of employment discrimination. Collectively, these laws prohibit discrimination in most workplaces on the basis of age, race, color, religion, sex, ethnic/national origin, disability, and veteran status. In general, if the reason for termination is not because of discrimination on these bases, or because of the employee's protected status as a whistleblower, or because they were involved in a complaint filed under one of the laws enforced by the Department of Labor (see Whistleblower and Non-Retaliation Protections), then the termination is subject only to any private contract between the employer and employee or a labor contract between the employer and those covered by the labor contract.

Note: This is a sensitive and complex area. Employers - even sophisticated organizations - are strongly encouraged to consult with experienced counsel on these matters before taking action.