It’s far from the most pleasant responsibility that an employer has, but it is a responsibility. If someone has committed misconduct, are not performing as they should in their job, or are not a good fit for the company, it is up to you to fire them. However, depending on where you are, this can be a legally tangled issue that can lead to trouble if not done right. Here, we’re going to look at a few mistakes you don’t want to make when firing any employee.

 

 

Understanding “at-will” law

This is a topic that is of some contention. In some states, you can’t fire your employees unless it’s for a cause. For instance, you can’t fire the theme simply because you want a smaller and more efficient business. They need to have somehow earned losing their job, or you have to make them redundant, which is expensive. Other states have what is called at-will laws, which means you can fire them without cause. However, this does not mean you can fire them with any justification. Any reason that denies them their rights is still illegal.

 

Their rights have to be protected

It shouldn’t need to be said, but firing someone in any fashion that’s considered discriminatory is illegal. What’s more, it’s important that your business doesn’t even have the appearance of discrimination in its hirings and firings, and sites like https://swhrconsulting.com/avoiding-discrimination-claims-when-firing-employees can help you do that. Another right that needs to be protected is their whistleblower rights. If they are fired while filing a report against either the business or someone else in it, that can get you in serious legal trouble.

 

Don’t forget about unemployment

You might think that firing an employee would end the story there, but that is not always the case. They may be eligible to file for unemployment and, depending on the circumstances of them being fired, you might have to pay if they’re successful. This is a legal obligation, so you can’t deny them. You can, however, ensure that you file your side of the case as soon as possible with tools like https://unemploymenttracker.com/software/unemployment-claims-management/. Otherwise, if you’re suspected to be obstructing the matter, you can end up paying heavy fines.

 

Not documenting the lead-up

One of the ways to avoid contention when firing an employee is to make sure that any justifications for firing them are made clear and documented ahead of time. Unless it’s such an egregious example of misconduct that you should and can fire them immediately, you should issue a warning to them, first and give them an opportunity to change their behavior. If they fail to, then you have the documentation proving that you gave them that opportunity.

 

To ensure that any dismissals or resignations are handled as effectively and in accordance with the law, it’s recommended that you do so with the help of a real HR department. Otherwise, you will have to stay on top of the rules of ending employment yourself.