Terminating an Employee? Think Again

Companies are not allowed to terminate their employees without any valid reasons. Only if an employee’s action is clearly a violation of what is stated in the company’s policies shall a termination procedure may be initiated. Of course, the accused employee has the right to undergo due process for him to have an avenue to explain his side on the allegations.

For an example, if a company owner who has been charged by his employee due to an erroneous tax declaration, it is unlawful for him to terminate such employee. The least that he can do is to determine whether this employee has been culpable of any violations stated under the company’s rules and policies. Afterwards, the employer may follow the due process by informing the employee of his violation and give him much time to defend his part. This is, for him not to violate the provisions of the Anti-retaliation Laws.

Because of the many rights and privileges that an employee has, employers then must be aware of the fact that the possibility of being sued due to labor law violations is quite unavoidable. Somehow in the company’s operations, they might perform, willfully or unknowingly, any discriminative actions to their employees that may compel them to file their claims.

These explain why it is important for companies to have their respective business trial lawyers to manage their legal predicaments. The Labor Law has many intricate provisions that only qualified and reliable lawyers can fully understand.

To indicate whether an employer may terminate his worker, a credible business lawyer will use this list of questions:

• Is the employee’s explanation for his violation or poor performance valid? – As mentioned earlier, an employee has the right to explain his side. Before terminating an employee, the employers should conduct an investigation regarding the violation in a fair and objective manner. It is also advisable for them to form a neutral party to decide on the matter.

• Is the company’s resolution consistent with other previous and similar offenses made by other employees? – Usually, terminated employees look upon other individuals who have been involved in similar offenses they made. If they have found out some differences and irregularities on the decisions, it is only reasonable for them to use it against their employers in filing their lawsuits.
• Are any other alternatives besides termination has been considered? – It is always progressive to terminate a violator especially if he has been an asset of the company. Thus, the employers may give him another chance or just place him under suspension rather than terminating him from his job.

• Are all the employee’s rights under the law has been preserved? – The civil laws are higher than a company policy. If an employee has violated a company policy in his adherence to a federal provision, the employer has no right to punish the employee.