There's nothing like a termination to get the "I'm-going-to-sue!" juices flowing. People want someone to blame, and guess what? It's not going to be them.
Ill-considered and hasty terminations spell lawsuit time after time. And most of those lawsuits are avoidable — if you know what to do.
Even if you ultimately win the lawsuit, you're a loser from the first moment you get sued in terms of the time, money, and energy you'll have to spend defending yourself. Far better to avoid the lawsuit in the first place. Here are 5 tips for doing just that:
1. Train managers to delay action until HR can evaluate. Be sure that managers always involve HR before anything irreversible is done. Impulsive firings, done in the heat of the moment, attract suits like honey attracts flies.
HR knows how similar situations have been handled in the past, what legal challenges may be involved, and whether there might be extenuating circumstances. So have managers delay a decision, even if it means suspending the employee and cutting off the person's access to corporate systems, while further steps are considered.
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2. Do an evaluation of key factors. There are a number of factors that might affect a decision to terminate. Have managers ask themselves:
3. Establish agreement. Is there clear agreement among senior management, line managers, and HR as to why this termination must take place? And has this reason remained consistent over time? (Often the reasons top management gives in court are not the reasons given by the line manager at the time of termination — a difficult-to-explain situation, to say the least!)
4. Examine documents. Is there clear and adequate documentation to back up the termination decision? Are there witnesses? (Time and again, experts report, companies assume that there's paperwork to back up their decisions, but once they decide to go to court, somehow they can't find the papers.)
5. Treat the person with dignity. Many terminations are turned into lawsuits when the terminated employee is treated poorly — for example, conducting an angry firing in public, or refusing to listen to the person's side of the story.