The following is the not-so-short list of ways that employers often mishandle employee terminations, leading to surprise and distress on the part of the employee, the appearance of unfairness, and an eventual lawsuit. The list is not meant to be all-inclusive (we would be here all day) – just instructive.
1. Failing to consider statements made in offer letters or provisions in employee contracts;
2. Giving the employee one reason for the discharge, when the real reason may be determined by an investigating agency at a later date;
3. Discharging for performance issues, without written performance appraisals or evaluations, or documentation of performance issues;
4. Terminating an employee for misconduct by conducting a full and fair investigation that includes interviewing the employee;
5. Not giving the employee the opportunity to correct deficient performance and failing to give prior notice that continued poor performance will lead to dismissal;
6. Terminating an employee without considering whether the company has followed a discipline policy outlined in a company handbook or whether the discipline is consistent with past practice;
7. Not considering whether the employee recently exercised a legally protected right, such as complaining about sexual or racial harassment, taking a medical leave, seeking accommodation for a disability or whether a termination may be viewed as retaliation;
8. Failing to properly manage statements concerning the employee’s separation from the company, such as making inflammatory announcements at a meeting or luncheon, or sending an inappropriate e-mail;
9. Embarrassing the employee by marching him or her out the door, with a box of belongings or otherwise making an example of the employee;
10. Forgetting to confirm any restrictive agreements, such as non-competition, non-solicitation, or non-disclosure at the termination meeting.
11. Not providing a discharged employee with their final paycheck and pay for all accrued but unused vacation time;
12. Failing to give the employee the following notices: (a) how to file for unemployment benefits and (b) rights concerning continuation of health insurance;
13. Not considering whether a severance agreement would be appropriate under the circumstances.
Do you have questions about the termination of your employment? Boston labor and employment attorney Maura Greene is here to help. Contact her today for a confidential consultation to discuss your situation and explore your options. Or call us at 617-936-1580.
The Not So Fine Print:
Every case has its unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here, and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.