Guidance offered for protection when firing employees

Guidance offered for protection when firing employees

(HealthDay)—Steps can be taken to protect employers in the case of termination of an employee, according to an article published online June 10 in Medical Economics.

Lauren Rieders, J.D., and Marianne Monroy, J.D., note that employees are increasingly filing discrimination, harassment, and retaliation claims in response to being fired. In the case of employee misconduct, the legitimacy of the termination decision is clear. However, in some cases, it may be necessary to terminate an employee for other reasons such as poor performance, excessive absences, or insubordination. It is advisable for practice managers to take various steps in advance of a termination decision to protect their medical practice from legal action.

A properly drafted employee handbook will place an employee on notice regarding policies and can reduce the risks of a successful litigation against an employer, according to the authors. Employers should conduct regular performance evaluations and document performance issues, including evaluation, disciplinary notice, and corrective action plans. Employers should be prepared to offer employee separation benefits in exchange for a written release of any employment-related claims. Termination meetings should be held in person with the employee, and ideally attended by the supervisor, a human resources representative, and two employer representatives.

"It is prudent to consult with counsel before firing an , to help assess the potential litigation risks," the authors write.

More information: More Information

Related Stories

Google, Costco and Facebook best employers

date May 25, 2014

Google, Facebook and wholesale retailer Costco offer the best pay and benefit packages in the United States, according to employee ratings compiled by the US job site Glassdoor.

Recommended for you

Breastfeeding protects against environmental pollution

date 8 hours ago

Living in a city with a high level of vehicle traffic or close to a steel works means living with two intense sources of environmental pollution. However, a study conducted by the UPV/EHU researcher Aitana ...

When it comes to hearing, diet may trump noise exposure

date 8 hours ago

Although the old wives' tale about carrots being good for your eyesight has been debunked, University of Florida researchers have found a link between healthy eating and another of your five senses: hearing.

User comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.