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How to Reduce Legal Risk When Firing an Employee

How to Reduce Legal Risk When Firing an Employee

The employer is at high risk before firing an employee but there are various ways by which one can reduce the risk. It is the duty of the manager or the employer to follow all legal procedures and rules to fire an employee. Moreover, it is his duty to give proper reasons to the higher authorities and the HR management to doing such a deed. Every organization follows its own rules and procedures for hiring and terminating the process. But some rules that the government sets are common for all the organizations and it is mandatory to follow. 

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Strong Reasons For Termination

For any wrong way of termination that involves personal grudges or personal dislikes of an employer towards the employee, he can be punished. Moreover, there are actions that the company can take against the employer and he can be sued. The employer needs to have strong reasons for firing an employee. The employer needs to be at-will employment with their employees. This is to say that the relationship between the employee and the employer can end at any point in time. For termination to occur at a cause there needs to be legal reasons. It can be the following:

  • Poor job performance
  • Low productivity
  • The employee taking less interest in the given jo0b
  • Economic necessity can also be one of the reasons for employees not working up to the mark.

Reasons The Employee Cannot Take Action Against The Employee

  • The employer cannot fire an employee if its against public policy. That is to say, if the employer wants the employee to do something for his own good he\she cannot fire the employee if he refuses. 
  • Moreover, if the employee feels that there is forgery going on in the office and he\she reports about this to the higher authority.  And this cannot be the reason for firing an employee.
  • Race and color discrimination is another reason for firing an employee and that is totally wrong. There are charges that the employer can bare if at all the employee reports about this to the higher authority or police.
  • The employer can be sued if he\she fires an employee due to national origin or religion. 

Termination Process Is Illegal: Employer Need To Follow Rules And Regulations

There are certain rules that the employer or the manager needs to follow before firing an employee. Therefore, one needs to take care of the termination process. It will, however, help to save time, money, patience and morality. The following are the sins that one commits while terminating:

  • Never terminate an employee due to anger and the process need not be rational.
  • Never be disrespectful with an employee. They too have the right to be fired in a proper way.
  • No employer has the right to humiliate the employee in public. It is a crime and he can be punished for this action.

Conclusion

Termination is an important process therefore, the right way needs to be followed by the employer to fire someone from the job. Proper documentation needs to be done before the process of employee termination.

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