So you have that “bad apple” employee that you have to get rid of. He’s a pain in your side. Your management team spends an inordinate amount of time dealing with him and frankly, his co-workers don’t like him either. Sounds like a no-brainer, right?
When letting an employee go for cause, you need to make sure that you’re protecting yourself from the liability of:
- An unemployment claim that will drive your unemployment insurance up, cutting into your margins or putting you in a competitive disadvantage with your competitors
- A potential discrimination lawsuit filed by the employee
- A possible violation of either the FMLA or ADA that will have the federal government breathing down your back
How do you avoid these pitfalls? As with all things, there’s an easy way and a hard way.