Firing an employee is a decision that could sometimes be tricky. It is tricky in a sense that although there is a reason to fire a worker from his or her job (e.g. poor performance), it does not help that the decision comes at an inopportune time. She could be expected to give birth, or he or she is still on leave due to a medical or family reason, or has just filed a workers’ compensation claim. Any employee who is experiencing any of these circumstances can easily hire a Los Angeles employment lawyer and claim wrongful termination, especially if they have been made aware of their rights or that the employer’s decision was based on something illegal.
Indeed, the trickiness that comes with firing an employee may have legal implications that could hurt an employer’s reputation and its daily operations. Yet an employer can actually prevent these issues from happening by establishing a firm foundation when it comes to terminating employees. This would involve providing employees with honest evaluations on a regular basis, investigating any issues of misconduct before handing down the decision to fire them, and establishing a paper trail for every termination decision.
· Evaluations of employees’ work performance allow an employer to provide them with constructive criticisms and other related feedback with regards their work in an effort to have increased productivity. These must always be done on a regular basis; otherwise, an employer might possibly face claims of discrimination and retaliation from their employees. Knowing that termination basis of one’s protected characteristics is against the prevailing employment laws on the federal and state levels, any employer cannot afford to deal with the costly matter.
· Another thing to consider when building a firm foundation for termination procedures within the company is for the employer to have their employee evaluators undergo training. It is important for supervisors and other people from HR to be trained on how to provide truthful evaluations to employees, not just as an employment procedure but also in a way that would prevent employees from ever suing the company in the future.
· Investigating a workplace issue involving an allegation about an employee’s wrongdoing or failure to abide with company policy is a must before deciding to fire him or her. The employer or company must be able to appoint someone who can spearhead the investigation and make a decision if the employee in question truly deserves to be disciplined through termination.