What if I Don’t Feel Right About Terminating an Employee?
Some managers agonize about the big "T." But if you have set objectives and the employee has done little to achieve those objectives or made only halfhearted efforts toward reaching them, then you need not feel guilty about having to use the three-word phrase, "You are fired."
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If you have fears about how well your claim will stand up in court, you may want to meet with the Human Resources Department and share your documentation with them. Ask them if they think that your case would stand up in court if the disgruntled employee brought it there.
There are also some questions that you may want to ask yourself. A "yes" to any of these questions could make them legally questionable:
Is there a written employment agreement? If so, make sure the firing conforms to any termination language there.
Were there promises made about the job and its longevity that could be construed as an agreement—or language in an employee handbook that reasonably might be interpreted as such a promise?
Could the firing be considered discrimination based on race, skin color, age, gender, religious beliefs, national origin, disability, or pregnancy? Whenever there is the possibility that a worker might raise a discrimination claim, you must be sure there is a valid business reason for a firing decision.
Could the firing be considered a retaliatory act because the worker reported some illegal activity, such as sexual harassment on the job? Under such circumstances, you may need adequate outside substantiation.
Have you required or encouraged the employee to violate the law or public policy on the job? Whistle blowing has received high visibility recently, and may be used as an argument by a terminated employee in a court case if circumstances allow it.