Employment LawDisciplining And Firing Employees

Disciplining And Firing Employees

-

- Advertisment -spot_img

Perception is Reality – Discipline with Care!

Disciplining and firing employees is one of the most crucial areas for consideration as an Employer.  As a former plaintiff’s counsel, I know that the way in which an employee perceives his or her final disciplinary action or termination meeting is the most significant factor in determining whether a lawsuit will be filed.  

The way these things are done will determine the anger level of the employee.  Anger is the most important motivator to push an employee to a plaintiff attorney’s office.

Believe it or not, most employees, and people in general, do not want to go through the pain of dealing with a lawyer and the expense of the litigation process.  This is true even given the fact that the costs for a plaintiff are generally much lower than for the employer.

The way an employee is made to feel during the discipline and termination process can make the difference between an employee calling an attorney or not, and the difference between an employee simply consulting an attorney for the purpose of finding out his or her rights versus hiring an attorney to sue that scum-sucking employer of theirs no matter what the costs.  

If you make an employee feel that he needs to regain his dignity or sense of fair play, you will in most cases find yourself in litigation whether you have done something that can be construed as a violation of the law or not.

Please understand that while some plaintiff’s attorneys will take a “good case” without a retainer fee, most plaintiff’s attorney’s will not take a “so-so case” without a substantial fee and/or cost retainer.  Not all lawyers are ethical, and some, when motivated by a cash retainer, will sue anyone for any reason.  Your treatment of the employee will often determine whether he or she is willing to “cough up” that retainer fee or not.

Like a well-traveled road, the road leading to the termination of an employee can be filled with potholes and a virtual “accident waiting to happen” to those unfamiliar with where the hazards are located.  

Too often, the traveler is also so anxious to reach his destination that he forgets to heed the warning signs or to exercise caution, prudence and patience during the journey.  When that happens, an accident – or in this case, an administrative charge, a lawsuit, or a grievance to contest the termination – is almost inevitable.

There is no way to guarantee that any termination will be without liability.  There are too many “players” beyond the decision-maker’s control: the terminated employee, the plaintiff’s bar, a court or administrative body, or a jury.  

However, that risk can be greatly minimized if one knows the road he is about to travel and drives it carefully, following a few simple “rules of the road.”

Disclaimer:  The contents of this site, such as text, graphics, images, and other materials contained on the page are for general information purposes only. This article is not a substitute for professional advice on the topics mentioned. This article does not create any form of offers to any legal or professional service. The site assumes no responsibility for errors or omissions in the contents. In no event shall the site be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action to follow the content, negligence or other tort, arising out of the use of the contents of the article. The blog reserves the right to make additions, deletions, or modifications to the contents at any time without prior notice. The site does not warrant that the site is free of viruses or other harmful components. It may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the site itself. It also does not provide professional advice, diagnosis, treatment or any legal service. The site does not endorse official procedures, legal actions or qualified services and the use of its contents are solely at your own risk.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Divorce & Health Insurance

Recently, I had a question from someone who was going through a divorce and was concerned about lost health...

Divorce & Health Insurance

Recently, I had a question from someone who was going through a divorce and was concerned about lost health...

Dissolution by Affidavit – Personal Appearance Not Required

The elimination of the requirement of personal appearance for hearing in Missouri dissolution of marriage actions arose out of,...

Discover The Nine Vital Questions You Need To Ask Before Hiring Your Personal Injury Lawyer

Once you know the right questions to ask, hiring your personal injury lawyer is not only easy, but you...
- Advertisement -spot_imgspot_img

Disciplining And Firing Employees

Perception is Reality – Discipline with Care! Disciplining and firing employees is one of the most crucial areas for consideration...

Dental And Medical Collection Legal Guidelines

Every medical and dental practice has to deal with patients who do not pay. If it doesn't deal with...

Must read

Deeds of Variation – Are They Justified?

Deciding to make a Will and then actually putting...

Courtroom FEA: But how does FEA work?

Many legal professionals are exposed to Finite Element Analysis...
- Advertisement -spot_imgspot_img

You might also likeRELATED
Recommended to you