Advice on Employment Decisions

A lawyer can help you make difficult decisions about your employees. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior. A lawyer can tell you not only whether terminating the worker will be legal, but also what steps you can take to minimize the risk of a lawsuit.

Here are a few situations when you should consider asking a lawyer to review your decision to fire:

• the worker has a written or oral employment contract that limits your right to fire (see Written Employment Contracts: Pros and Cons for more on employment contracts)
• the employee may believe that he or she has an implied employment contract limiting your right to fire
• the employee is due to vest benefits, stock options, or retirement money shortly
• the employee recently filed a complaint or claim with a government agency, or complained to you of illegal or unethical activity in the workplace
• the employee recently filed a complaint of discrimination or harassment
• firing the employee would dramatically change your workplace demographics
• the employee recently revealed that he or she is in a protected class -- for example, is pregnant, has a disability, or practices a particular religion
• you are concerned about the worker's potential for violence, vandalism, or sabotage
• the worker has access to your company's high-level trade secrets or competitive information
• you are firing the worker for excessive absences, if you are concerned that the absences may be covered by the Family and Medical Leave Act or the Americans with Disabilities Act
• the employee denies committing the acts for which you are firing him or her, even after an investigation, or
• the employee has hired a lawyer to represent him or her in dealing with you.