Workplace Discipline and Terminations

Employee Related Litigation 

Employee investigations and firings are one of the most common causes of litigation. Emotions are high. Stakes are raised. And there are a host of legal claims parties can make afterward, whether it involves a contract or a discrimination claim.

There is an art to handling counseling, discipline, and terminations so that both your business and the employee can move forward with grace and minimal friction, rather than a lawsuit.

There is no one method or approach that fits every circumstance. The employee’s history, employer needs, and context of the present situation will all inform how best to handle a particular sensitive situation.

But even if you handle everything correctly, some employees will file a claim anyway.

In those circumstances, it is particularly important that you properly investigated, documented, and handled the discipline or termination. That way the company is in the best possible position when the employee attempts to claim wrongdoing.

Failure to do so can lead to exposures over $300,000.00 for even entry-level employees.