By Robert E. Fravel Jr., Esq.
Terminating an employee is something that no employer enjoys, however it is often times necessary. In situations where termination is necessary, taking the proper steps during the termination process can help make the process much more tolerable for both the employee and employer. However, even before reaching the actual termination, there are certain considerations an employer should take into account in order to prevent liability and/or reputation damage in the future.
Even before firing an employee, there are two very important questions the employer must ask:
1) Is the employee who is about to be terminated, under the impression that there is another reason for which they believe is the cause of their termination? (i.e., does the employee think that his/her recently filed worker’s compensation claim is the cause of the termination?); and if so…
2) Is there any credence to that alternate reason? (Even if that is not the actual reason for the termination, is there any legitimacy to it?)
These two considerations are important because employer retaliation against an employee who has engaged in what is known as “protected activity” (as defined by the National Labor Relations Act) such as filing a worker’s compensation claim, is prohibited (for a full list of “protected activities” contact a licensed attorney). If an employee is terminated shortly after engaging in a protected activity, an inference may be drawn that the termination was a result of the protected activity, which could then lead to a very costly lawsuit…..a situation every employer wants to avoid.
The next time you find yourself in a situation where the termination of an employee is necessary, take a step back and ask yourself the two previously mentioned questions; it could end up saving you and your company a great deal of time, money and stress.
Robert E. Fravel Jr. is a Pennsylvania attorney at Timby Hunt law firm in Doylestown, Bucks County. If you would like to further consult with Mr. Fravel send him an email at ref@timbyhunt.com or call him at (215) 230-7626.
Timby Hunt, LLC 