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Anticipating a Termination? Avoid the Legal Hazards

Chances are you don’t fire people often. If this is true, you might be a little rusty on the best way to handle the situation to make it run as smoothly as possible. Many books have been dedicated to this topic, but here are a few basic reminders to make the best of the situation.

Anticipating a Termination? Avoid the Legal Hazards

The principal cause for terminated employees to seek legal redress for what they regard as being treated unfairly is being fired when they didn’t see it coming. It happens more often than you might think. “Imagine if your spouse after 10 years and no complaints suddenly tells you, ‘I’m done, this relationship isn’t working for me anymore'” says Sheryl Jaffee Halpern, a principal in the Labor and Employment Group of the Much Shelist law firm in Chicago. An employee in the equivalent situation would likely be bewildered, hurt — and angry.

Barbara Richman, a senior consultant with HR Mpact in Memphis, refers to terminations as “the capital punishment of the workplace.” Making a termination decision impulsively when emotions are running high, can lead to disaster. Being deliberate, objective and thoughtful is the name of the game, Richman says. Sometimes this is easier said than done when you are really fed up.

 

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