Firing Employees

Can you fire an employee just because of a bad attitude? What about big-mouths and trouble makers? Lazy employees?

The answer: Yes and no.

The issues involved in terminations are complex, but by handling them properly, you reduce the chance your company will have to spend unnecessary legal fees to defend itself.

Of course, before taking action, you should check with Ronald J.Cappuccio, J.D., LL.M.(Tax), Counsellor at Law at (856) 665-2121

Rule: Make sure the reasons for any termination are supported by documents and records.

Underperforming troublemaker employees love to find governmental agencies to make complaints about you and your company. The best way to stop complaints is to establish performance guidelines for employees. Then keep written reports of all of the warnings and notices to the employee. When it comes time to defend your actions you will be in good shape.

Lessons: Having a good employee handbook and following strict adherence to it can help establish a record that protects you in court. Review your handbook with your attorney, Ronald J. Cappuccio, J.D., LL.M.(Tax) business attorney (856-665-2121) and all official company documents to make sure they do not imply job security. Make sure your policies are legal, which is an ongoing process since the laws are constantly changing.

Include an “at will” statement in all job applications, which are signed by future employees. And make sure that managers don’t promise or imply job security to staff members or applicants when making employment offers. If you have a question., call Ronald J. Cappuccio, J.D., LL.M.(Tax) at (856) 665-2121