By Lane V. Erickson, Attorney
In a perfect world an employer would never have to terminate any employee. All employees would work hard, be profitable and be worth keeping as an employee. However, the reality is quite different. There are often employees that are poor workers, or whose personalities are caustic in the workplace. Additionally, even if all the employees are good, sometimes the business is not doing well and can’t afford to keep the employees hired. Whatever the reason, there are often times when an employer must terminate an employee. Here are 4 steps to take anytime you are considering terminating an employee.
1. MAKE SURE THE REASON FOR TERMINATION IS LAWFUL.
An at-will employee can be let go for any reason or no reason. But this rule still prohibits firing someone for an unlawful reason. In most states, it’s permissible to fire someone for bad work, being disruptive, breaking company rules, dishonesty, lateness, absences, revealing company secrets, or stealing company property. Usually it’s illegal to fire someone for his or her: race, religion, national origin, age, illness or disability; sex or sexual orientation; status as married or single; need to take time off for family illness or pregnancy; wages being garnished; refusing to do something illegal; filing a workers’ compensation claim; reporting the business’s violation of law; or for refusing to have a personal relationship with a supervisor or co-worker.
2. FOLLOW THE TERMS OF ANY VALID CONTRACTS.
The second step is to make sure you are following the terms of any valid contracts that exist. This starts by reviewing any actual written contracts. If there isn’t any written contract then review all policy manuals, letters, e-mail correspondence and/or any other documents that may have stated or implied a promise of continued employment. Make sure that no company manager made any oral statement that could restrict the termination.
3. FOLLOW THE COMPANY’S WRITTEN TERMINATION POLICIES.
Many companies have written policies contained in employee handbooks or other documents that give procedures for disciplining employees. Many of these policies provide for progressive discipline, which typically includes verbal and written warnings followed by suspension and then ultimately termination. Be sure to follow any specific policies in company manuals or other documents, as employees may be able to make a successful legal claim if these procedures were not followed in their case.
4. REVIEW THE EMPLOYEE’S FILE.
If the termination is for cause, always review the employee’s file to confirm that grounds for termination are well documented. Even if the reason is a recent incident, make a written record. Assess whether the file has evaluations or other items that could conflict with the stated grounds for termination.
If you are an employer and are considering terminating any of your employees, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Employment Law attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Employment Law questions and will help you solve your Idaho Employment Law problems.
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