Preventing Wrongful Termination Claims

 Posted on May 13, 2024 in Business Law

As an employer, being sued for wrongful termination can be costly. Even if your employee’s lawsuit does not prevail, the negative publicity or damage to your company’s reputation caused by being accused of firing an employee for a discriminatory reason can be damaging. It is best for large employers to take steps to prevent these claims from ever being filed in the first place. When you must dismiss an employee who may try to claim that she was fired for an illegal reason, it is important to speak with a qualified Greenwich, CT employment law attorney. There are steps you can take before firing the employee to reduce the chances that she will sue you for wrongful termination or that a lawyer will take her case.

Document The Employee’s Wrongdoing or Inability to Perform Her Job 

Keep objective and detailed records of any problems with the employee. Include time sheet records showing issues like tardiness or absenteeism, customer complaints about the employee, records of which specific job-related tasks the employee has been unable to perform and how other staff has been affected, and any security camera footage that may support your claims.

This can help you prove that the employee was dismissed not based on her membership in a protected class or because she needed a reasonable accommodation but because she consistently failed to meet the minimum requirements of her job or because the accommodations she needed were unduly burdensome.

Ensure Equal Treatment of Other Employees

If you are going to use a certain job performance issue as a reason to dismiss an employee, you must make sure that any other employees displaying the same issues are treated the same way. For example, if you are going to fire one of your few female employees for spending too much time in the back when she should be on the sales floor, be sure that you do not have male employees who are spending the same amount of time in the back and are not also being dismissed.

Offer Remediation 

It is best if you can show that you made an effort to work with the employee to improve her performance, offered reasonable accommodations, or offered short-term leave before firing the employee. This shows that you tried to avoid firing the employee, but your attempts failed.

Contact a Greenwich, CT Corporate Lawyer

Ivey, Barnum & O'Mara, LLC is skilled in helping employers prevent wrongful termination claims. Our well-qualified Metro New York Area employment law attorneys have held seats in the U.S. Senate and Congress. Contact us at 203-661-6000 for a complimentary consultation.