Overview/Description Target Audience Expected Duration Lesson Objectives Course Number Overview/Description
One of the most difficult things you will do as a manager is to terminate an employee. The employee who is being terminated – regardless of the reason for the termination – may feel angry, frustrated, or betrayed. He or she may be looking for someone or something else to blame, and if the termination is not handled properly, your company could find itself defending against allegations of wrongful termination. Further, even if the termination is handled properly, the employee may file a claim anyway, and your company must be prepared to successfully defend the termination through appropriate decision making and documentation. An employer must be able to manage its workforce to accommodate the demands of its business. If employees are not performing as expected – or if the company experiences a change in the business and fewer people are needed to perform the work – some hard decisions must be made. Employers can minimize the risk of being involved in wrongful termination claims or lawsuits, or being held liable in the event that they are defending wrongful termination lawsuits, by following some basic guidelines during the hiring process and managing employees' performance during their tenure. Although most employees are employed at will (meaning that an employer can terminate them at any time, for any reason or no reason, as long as it is not an illegal reason), in reality, a termination for no reason is likely to result in a wrongful termination claim. It is much more practical, as well as legally defensible, if there is a legitimate, well documented reason for the termination, and if the termination is handled in an ethical and fair manner. This course is designed to give you an overview of how to "rightfully" terminate an employee because of a layoff (reduction in force), performance problems, or misconduct while avoiding or being able to successfully defend wrongful termination claims. This course was developed with subject matter support provided by the Employment Law Group of the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Please note, however, that the course materials and content are for informational purposes only and do not constitute legal advice. Nothing herein, or in the course materials, shall be construed as professional advice as to any particular situation or constitute a legal opinion with respect to compliance with any federal, state, or local laws. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. The information contained herein is provided only as general information that may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state.