It can be a difficult task for both employer and employee to discuss the termination. There have been instances where the employer took the right decision to fire an employee but he filed a lawsuit claiming that it was a wrongful termination. Likewise, sometimes, the employer is unfair when he fires the employee because he may actually use his position to terminate him or her. The scenarios may differ in all types of companies. These matters can only be resolved with the help of a San Antonio wrongful termination lawyer. Below mentioned are a few tips, which you should use to terminate your employee legally:
Discuss the problematic area
One of the best ways to calm down your employee is to sit with him or her amicably and let him know why you have taken this decision. Before giving him an explanation in writing, you can discuss it with the employee verbally to know his viewpoints. It will help both of you to understand the problematic area. Moreover, his aggression may be less if you have sat with him to discuss indeed of giving him a termination letter.
Be clear about the job requirements at the time of hiring
You should be able to elaborate on the job requirements in detail when you hire any employee. His qualifications and education should match the minimum skills required to do your job. These things should be clear at the time of hiring so that you don’t end up hiring an undeserving candidate whom you have to hire just after a few days. It may lead to a lawsuit if the employee is not happy.
If you may get sued if you violated any termination clauses mentioned in the policy. If you are unable to understand what they mean, you can get in touch with a wrongful termination attorney and ensure that you are following all the rules properly. If you fail to follow them, the employee may file litigation and charge you with wrongful termination.
Don’t humiliate any employee at the time of firing
An employee may have created a mess in the office or have been chaotic throughout. After you have decided to fire him, you should be humble and genuine. You should not humiliate any employee even if you are firing him from the office. He has all the rights to be treated well.
If you are planning to fire an employee, you should consult your attorney beforehand.