After months of exasperating work dealing with an unruly employee, you’ve finally snapped. It’s time to fire him/her. The biggest question though, is how?
For many employers, dealing with a problem employee is sometimes just as effective as not dealing with him/her. Sometimes “ignorance is bliss.”
Oklahoma permits employers to fire an employee “at will” or “without cause,” if the employer’s decision to terminate the employment relationship is not illegal or discriminatory. Oklahoma’s at-will employment status generally protects employers from wrongful termination lawsuits, if the employer fires an employee at will (and without discrimination or an illegal act).
However, the burden is on you, the employer, to show you had a valid (non-illegal, non-discriminatory) reason for terminating your employee.
As we talked before, when you’re preparing to hire someone, there are several pieces of documents that you should keep in the employee file. Honestly, you keep these documents to “cover your ass.”
For instance, let’s say your “model” employee writes glowing notes to you about how much he/she loves his/her employment with your company. Sometime later, the employee begins causing a disruptive work environment. You decide it’s time to terminate him/her, and give the employee the pink slip. Weeks or months later, a summons and complaint arrives notifying you that you’re being sued for a creating and encouraging a “hostile” work environment. You comb through the employee’s file, and discover the hand-written notes. Great evidence to show that this employee praised you and your company for being great. While not a conclusive “smoking gun,” it’s at least a legitimate attempt at minimizing your potential liability.
Another key concept to minimizing your liability is to discuss your employee’s behavior with your employee. It’s really tragic how many wrongful termination lawsuit could be prevented, had the employer and employee discussed their disagreement. Remember, your relationship relies heavily on communication. If you need to correct an employee’s behavior, do it quickly. Don’t allow a simple annoyance turn into a blemish on your company’s good reputation. Be sure to document your discussions, have the employee sign the document, and provide meaningful follow-up praise or correction for the employee’s behavior.
Finally, it’s important to remember to discuss your termination decision with a competent employment attorney. Sometimes, despite your broadest and most eager hopes, your “just cause” can equal discrimination or illegal termination, thereby exposing your company to costly labor litigation. I like to fondly comment, “I can find a million reasons to terminate an employee given enough documentation, but it only takes one invalid reason to ‘terminate’ your business.”
By following proven procedures you can assure yourself that your business will continue to grow. If you need assistance in evaluating your termination rules and procedures, please give Absolute Legal Services, LLC, a call. We’ll be happy to consult with you about a variety of human resources and employment-related issues.