Firing someone is not a decision that can be made overnight neither is it a risk-free undertaking. It requires proper planning and the right knowledge. Besides, proper consultation with professionals is important.
Here are some of the things to consider, so you can fire an incompetent employee without being sued:
Making decisions out of emotions
Avoid making quick and irrational decisions. Smart employers will hire reputable employment law mediation experts to help them weigh the reasons behind the termination against the consequences thereafter.
Also, the best way to deal with hard feelings is suspending your employee from work before making the final decisions. This gives you ample time to reflect on the defense against any lawsuit and make informed decisions.
Failure to follow the terms and conditions of the contract
Most employers provide copies of handbooks and agreements in which terms and conditions are written. Part of these terms and conditions are work rules and disciplinary procedures, including employee termination requirements. Employers who fail to adhere to such standards when terminating their staff risk being sued on the grounds of breaching the contract.
Lack of documentation
Just before termination, employers must examine existing documentation in the employee’s file. If your employee’s file lacks any written documentation, it’s prudent that you suspend the decision until you get the papers.
At this point, you will need to give a final written warning or last chance agreement. Such documents will be requested at the courts and failure to produce any of them might sway everything in favor of the complainant.
After examining the mistakes above, employers will hopefully find it easy to decide to fire someone without risking liability and expenses in compensation claims.