3 Things You Should Remember When Terminating an Employee

terminating, Naperville business law attorneysIf you are like most employers, firing an employee is an experience you would like to avoid at all costs. Termination can be challenging not only on a personal level but on a professional level as well. If the proper steps are not taken to justify an employee’s termination, he or she could potentially bring a successful wrongful termination lawsuit against you. As a result of the claim, you may suffer irreparable harm to your business’s reputation and be required to pay expensive damages. The best way to ensure that you are in compliance with federal and state law when firing an employee is to work with an experienced employment law attorney to design effective employee policies and procedures.

Establishing an Official Procedure is Essential

Terminating employees is one of the most difficult aspects of being a small business owner. Even if you did everything in your power to help the employee succeed, sometimes termination is unavoidable. It is crucial that employers use consistent policies and procedures when disciplining or firing employees. Your termination policy should be detailed, in writing, and fully established before you begin the hiring process. It should include the actions that are cause for immediate dismissal as well as the steps that will be taken to help underperforming employees improve the quality of their work. You are also responsible for ensuring that all of your employees are fully aware of how the procedure works.

Document Everything

It is not enough to have an official procedure for disciplining and terminating employees. You must also keep detailed records of the steps you have taken to address the employee’s problems. For example, if an employee is consistently late, it is not enough to simply state this as the reason for dismissal. You should also have records of the instances that the employee was late, when he or she arrived, and how you addressed the problem with the employee. You should document all of the verbal and written warnings given to an employee including the dates and times of these warnings. You should also make sure to document the actions you have taken to help the employee become compliant with employee rules and expectations.

Be Professional and Considerate During the Termination Meeting

Being let go can be a devastating blow to an employee. However, there are several things that you can do to make the termination meeting go as smoothly as possible. Have the meeting face to face and in a private location such as your office. Remain calm, professional, and straightforward. It may also be a good idea to have a witness such as a manager or human resources representative present at the termination meeting. You do not need to drag out the meeting by overly explaining your reasons for firing the employee. If you have already followed the proper procedure for addressing performance issues with the employee and offering ways to help him or her improve, he or she should already be aware of the reasons for the termination.

Contact Our Helpful Team

For help drafting workplace policies, employee handbooks, and business contracts, or to get dependable legal guidance regarding employment disputes, contact the Gierach Law Firm. Call our office today at 630-756-1160 and schedule a confidential consultation with one of our accomplished DuPage County business lawyers to discuss your needs.

Sources:

The Balance

AZ Central

Practice Areas

Archive

+2018

+2017

+2016

+2015

Please note: These blogs have been created over a period of time and laws and information can change. For the most current information on a topic you are interested in please seek proper legal counsel.

Blog Sign Up

 

Like what you see?

Follow us to stay current!

Facebook LinkedIn Twitter Youtube
search

630-756-1160

CONTACT US

Fields marked with a * are required
 
 
 
Napervile-attorne-disclaimer
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
 
 

Providing You With

Peace of Mind
Facebook LinkedIn Twitter Youtube BBB
From our offices in Naperville, Illinois, we handle matters throughout Illinois including DuPage, Cook, Will, and Kane counties and within towns such as Addison, Aurora, Barrington, Batavia, Burr Ridge, Carol Stream, Chicago, Darien, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Geneva, Hinsdale, Hoffman Estates, Lisle, Lombard, Naperville, Oak Brook, Roselle, Schaumburg, St. Charles, Warrenville, Wheaton, and Winfield.
association and logos
© 2024 Gierach Law Firm | 
1776 Legacy Circle, Suite 104, Naperville, IL 60563 | 
630-756-1160
OVC INC
Back to Top