If you`re ready to fire an employee, here are some steps to guide you through the process: “Can I fire someone just because I don`t like them? It`s unlimited employment,” Weisenfeld said. But so many caveats are associated with the idea that the original idea has been eroded. In some cases, an employer commits an illegal dismissal if he dismisses his employee because he speaks a different language in the workplace. The most obvious example of a dismissal contrary to public policy would be when an employer fires an employee for failing to do something prejudicial or illegal.126 Similarly, an employer could breach public order if it dismissed an employee for refusing to sign an illegal or unenforceable contract.127 Terminating an employee is an inevitable task that every employer will face at some point. If you find that you need to fire a worker, you need to be as prepared as possible in order to avoid legal complications along the way. At this point, it`s probably clear that you should contact an attorney before firing anyone, if only to make sure you`re acting within the law of the state in question. But lawyers and recruiters both point out that a former employee can still sue you, even if you have a solid legal basis. There are many situations where employees have the legal right to take time off work. If an employer fires an employee for taking this leave, they will usually commit an unlawful dismissal. This chapter examines the most common types of leave to which employees are entitled. Ken joined LegalMatch in January 2002. Since his arrival, Ken has worked with a wide range of talented lawyers, paralegals and law students to make LegalMatch`s law library a comprehensive source of legal information accessible to all. Prior to joining LegalMatch, Ken practiced law for four years in San Francisco, California, where he handled a wide range of cases in areas as diverse as family law (divorce, custody and support, restraining orders, paternity), real estate (real estate, landlord/tenant litigation for residential and commercial properties), criminal law (felonies, felonies, minors, traffic violations), assault (car accidents, medical malpractice, slips and falls), entertainment (registration contracts, copyright and trademark registration, licensing agreements), labor law (wage claims, discrimination, sexual harassment), commercial law and contracts (breach of contract, contract design) and San Francisco bankruptcy (Chapter 7 Bankruptcies personal).
Ken holds a J.D. Golden Gate University School of Law and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law at the California State Bar and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, the San Francisco Bar Association, and California Lawyers for the Arts. An employer who fires an employee for reporting illegal activities commits unlawful dismissal. It is also illegal for employers to dismiss employees on discriminatory grounds based on age, race, religion, national origin, sexual orientation, gender, pregnancy or disability. In addition, employers are prohibited from terminating employees in retaliation for reporting or reporting illegal or unethical activities by the employer. Firing an employee can be a complicated process.
Here are some steps to fire an employee – the legal route. A contract may also limit the employer`s ability to dismiss the employee if it requires the employer to have just cause for termination. For example, managers` employment contracts generally contain provisions that limit the circumstances in which they can be terminated. After all, employers cannot fire or punish employees if they refuse to participate in illegal activities.61 Of course, not all employees are considered “at will.” Some workers have contracts that limit their employer`s ability to dismiss them.11 In these situations, workers may claim that they were unlawfully dismissed simply because their employer had no valid reason to dismiss them. Employees have the right to discuss their working conditions – as long as these discussions are not trade secrets or protected by law.71 As long as the dismissal was for reasons other than discriminatory, there is no obligation or legal obligation to pay compensation after the employment relationship. Employers may commit unlawful dismissal by dismissing an employee who has requested or expressed a break from breastfeeding. Under this right, employers are prohibited from dismissing employees for disclosing information about their working conditions to others.72 Again, this rule is limited to information that is not protected by copyright, secret or otherwise protected by law. Here are the legal steps you need to take to fire an employee. Also, keep in mind that “some business owners are just idiots” and may insist on firing someone because the owner doesn`t get along with them, Belliveau added. In these cases, the human resources department must warn the owner of the impact on morale, the reputation of the employer and the additional difficulties in replacing employees. “Let`s look at the pros and cons, and then make the decision,” he suggested. Firing an employee is stressful enough and the last thing you need is a disgruntled worker to sue you.
With these best practices, you`re more likely to avoid legal trouble. However, it is always recommended that you consult a lawyer before making a dismissal decision to ensure that you have sufficient reason and documentation for a legally secure termination. Members can download a copy of our sample forms and templates for their personal use in your organization. Please note that all of these forms and policies should be reviewed by your legal counsel to ensure that they comply with applicable law and are appropriate for your company`s culture, industry and practices. Neither members nor non-members may reproduce these samples in any other way (for example, for republication in a book or for commercial use) without SHRM`s permission.