Employee Termination: Employer Rights And Responsibilities

Avoiding Legal Issues When Firing An Employee

“Studies have shown that juries believe that employers actually look for ways to terminate employees.  Nothing can be further from the truth.  Terminating an employee is unpleasant and always has the potential to lead to costly litigation.  How you handle your termination can dictate whether you will face that lawsuit or whether your company will be in a legally defensible posture should your former employee decides to sue you.” -Susan Fahey Desmond

At one time, most employment cases were decided by judges.  Now, almost all employment cases are decided by juries.  Studies actually show that juries believe that employers enjoy terminating employees and “find” ways to terminate them.  When juries can’t get this image out of their head, they inevitably will punish the company – not only with compensatory damages but very high punitive damages – given the circumstances.  It doesn’t have to be this way.  With a few simple policies and approaching termination in a humanitarian way, you can go a long way to convincing a jury that you not only do not like terminating employee, you only use it as a last resort.

Is there any good way to terminate an employee?  Does any human resource professional enjoy terminating an employee?  Does the employee enjoy the process for that matter?  Let’s face it.  It is one of the worst tasks that face every human resource professional.  And, if it is not done correctly, you can bank on the employee going to see a lawyer to see if there is a basis for suing your company (for that matter, the employee may even see a lawyer even if you do it correctly). What should you be considering when you think it is inevitable that you have to terminate an employee?  What questions should you ask if a supervisor comes to you and says “I have had it.  That person must go!”  This webinar will address all the risky areas, conducting investigations of possible misconduct, what should be in your documentation such as written warnings or performance appraisals, and how to conduct the termination meeting.

Learning Objectives:

• Top five areas that fuel “fires” and possible litigation
• Laws that protect employees from retaliation if they have engaged in “protected activity”
• How to prevent retaliation claims;
• Why you should avoid thoughts of “at will” employment in the termination process;
• How to handle employees with contractual rights;
• Evaluating the personnel file before termination;
• Does the personnel file have written warnings that will stand up in court?
• Does the personnel file have evaluations that will stand up in court?
• Why you shouldn’t “carte blanche” rely on supervisor’s warnings or evaluations even if they back up what the supervisor is telling you
• The pros/cons of a progressive discipline policy
• Preparing for the termination meeting
• Should you allow the employee to resign in lieu of termination?
• The exit interview
• Should you give severance pay?
• Should you consider a severance agreement?

Who Should Attend:

• Human Resource Professionals
• Benefit Professionals 
• Managers 
• Supervisors 
• Training
• In-house counsel 
• Financial Officers
• CEOs

Susan Fahey Desmond

Susan Fahey Desmond is a partner with Jackson Lewis, LLP, which has offices in over 54 cities across the United States. She has been representing management in all aspects of labor in employment law since 1985. She is listed in Best Lawyers in America and has been named by Chamber USA as one of America’s Leading Business Lawyers for labor and employment law. She is also listed in Mid-South Super Lawyers and Louisiana Super Lawyers.