
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comPartner
732-568-8363 jkreizman@sh-law.comHowever, there are ways to firing an employee that make the process more humane and less likely to result in legal liability.
While it can be tempting to get it over quickly, it is always a good idea take a “time out” (in the absence of a physical assault) before terminating the employee in order to engage in thoughtful review of the issues and to answer the following questions:
If these questions cannot be answered somewhat comfortably, it is better to take some time to clean up the record over time to provide a defensible employment action rather than acting rashly and being at risk that some or all of the charges or claims will stick. Wrongful termination lawsuits are on the rise, with suits spiking nearly 400 percent over the last 20 years. According to statistics collected by the Equal Employment Opportunity Commission, they are currently the number one labor claim brought against employers, with suits alleging violations of everything from the New Jersey Law Against Discrimination to the federal Family and Medical Leave Act.
Lastly, always follow the golden rule: terminate the employee the way that you would wish to be terminated. Undue harshness will only render your ex-employee a bitter enemy. Be kind and understand that you are dealing with a fellow human being with feelings. Yes, we have to make the “right” decisions, even when they hurt someone else, but there is no need to be mean or disrespectful.
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