Employers are often concerned about wrongful termination claims after employees have been let go. Even if the employer has followed all the laws and believes that the termination was handled correctly – it was not based on discrimination or the violation of an existing contract, for example – they may still worry that employees will claim that the loss of their job violated their rights.
This is why documentation during the process is so important. It can help to establish concrete evidence showing why the termination occurred, which can be used to counter the claim.
For example, an employee may say that the termination was based on their inclusion in a protected class, such as gender, race, age or religion. But if the employer has a paper trail showing that the employee received specific warnings and was then terminated when their performance did not improve, this can help to show that the protected class was not a factor, even if the employee was included in that class.
A common warning structure
All businesses handle this differently, but one common employee warning structure works like this:
- The employee receives a verbal warning for a first offense.
- The employee receives a written warning, which goes in their file.
- The employee has to serve a probationary period.
- If their behavior continues, the employee may face a suspension.
- After that, the employee is given a final warning.
Only after this final warning would termination actually occur. This clear record of events shows exactly why it took place. For employers who are interested in making sure that their policies and actions adhere to the law, it can be helpful to work with an experienced attorney.