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If you have employees, the time may come when you want to terminate one or more of them. Whether your decision is due to low productivity, attendance issues, misconduct, or any other reason, there are certain things you should consider before firing someone to protect your business from unnecessary liability.
Even though most employment relationships in Texas are “at will” – meaning you have the right to end the relationship at any time – employees may accuse you of wrongful termination if they are disgruntled after they are fired. Even if the accusations are unfounded, you still may have to spend time and money defending against them. The following are some steps to take to avoid such conflict whenever possible.
Always keep complete and accurate records of any actions by employees that may lead to termination, including performance reviews, attendance, adverse incidents, and more. These can serve as evidence that you did not fire them for an illegal reason.
Employment laws prohibit employees from being terminated for certain reasons. You should be aware of whether they may be any possible legal action after a termination due to any of the following:
If the answer is yes, you should consult with an attorney before firing that employee in case you need to prepare for a potential legal claim.
During the actual termination, be as brief and professional as possible, even if the employee starts getting angry or emotional. It may be wise to have someone else – such as an HR representative – present for the termination.
Whether you want advice regarding firing an employee or are facing legal action from a former employee, please do not hesitate to call a Houston business attorney at The Weisblatt Law Firm. Contact us at 713-666-1981 to learn how we can assist you.Houston Business Attorney, Houston Business Lawyer, TX Business Lawyer