Most employees have problems dealing with a problematic employee. Sometimes, it may be hard to get rid of them without causing any problems. In most cases, employees will seek legal help and guidance after getting fired, and may even be eligible to file a claim against their employees.
Simply put, it is difficult and complicated to fire an employee without any legal consequences. However, there are a few ways it can be done “the legal way”.
Breach of Contract
If the employee is working under a contract, he or she can be terminated every time there is a breach of contract or any of the clauses within it. If an employer sees that the employee did something against the rules, he or she has the right to fire that employee without any legal consequences.
A Los Angeles Wrongful Termination Lawyers suggest that if you want to fire someone, you should fire an employee the moment they breached their contract. That way, they will not be eligible to file a claim against you, and you will be perfectly safe from any legal “counterattacks”.
Breaking the Rules
If there are certain rules that have to be followed in the workplace, every time an employee refuses to follow those rules, you (the employer) have the right to fire that employee. Make it clear to the employee that they broke the rules, which have been posted in the work area; point out to exactly what they did and call them in for a “talk” in your office, where you will explain your company’s policy and why you have to fire that employee.
Some employees may require you to file a disciplinary form and have the board review it. Disciplinary forms are one of the safest ways of dealing with problematic employees. There could be a few complications, like for example the employee refusing to sign the disciplinary form, but that can be dealt with.
Be careful not to rush through the disciplinary meeting, as you have to carefully explain everything to your employee. Otherwise, you could risk facing a wrongful termination claim.
Choosing the Right “Firing Words”
In a straightforward firing situation, the employer has to choose the words carefully. Any type of discrimination could backfire on the employer. At the same time, there has to be a “valid” reason for one’s firing. An employer cannot simply fire someone because they do not like that particular employee; there has to be a real reason why the employee is getting fired. Be sure there is one before you fire your next employee.
Avoid Constructive Discharge
As an employer, you may want to stay within federal laws of employment. Doing anything that is not “by the book” or “according to the law” will make your employee eligible to file a claim against you.
If you are not sure how to deal with your employees, contact Wrongful Termination Attorneys in Los Angeles and schedule a free consultation to learn how you can fire someone legally and without legal consequences.
Also, if you are an employee who just got fired, and want to review your firing and see if there was anything “wrongful” in it, their offices are open and welcoming.