As an employer, it will likely be necessary to make employment terminations occasionally. While this is never a pleasant experience, it can be made much worse when terminations are not made with thorough thought and diligence. If you make an employment termination under unfavorable circumstances, you may be accused by the employer of retaliation or discrimination, and a dispute may arise. This could cost financial resources as well as your business’ reputation.
If you want to ensure that you avoid disputes as an employer in Texas, it is important that you have a thorough understanding of the law. The following are some strategies to prevent disputes from arising when making employment termination decisions.
Think about the legitimacy of the termination
While at-will employment contracts do not require that a reason is given when making a termination of employment, it tends to be safer to have a legitimate reason in mind. You should also consider carefully the legitimacy of the reason given. For example, if a line manager is suggesting that an employee is not working efficiently, you should investigate whether there are any external barriers that are preventing them from doing so.
Consider risk of retaliation and discrimination claims
If the employee that you intend to fire has recently made a complaint, or if they may have been subjected to discrimination, you should consider all aspects of the situation before taking action. It is likely best that you speak to managers about the legitimacy of the filing, and that you consider the application of the law to the individual circumstance.
Keep things confidential
You may need to speak to several line managers and employees before taking the decision to make an employment termination. However, you should make sure to keep all information confidential. It is important that only the most essential information is shared with other employees so as to avoid unnecessary hearsay. You should also conduct all meetings in a private space.
If you want to understand more about preventing employment law disputes in Texas, you must understand the intricacies of the law. Additionally, you should invest time and resources into creating strong HR policies that follow protocol and protect rights.