A strong workforce is a critical component for an employer’s success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a result, employment terminations can have high stakes, because of the risks of litigation and the impact on the workplace.
This blog will not analyze the legal claims and defenses, but instead will address practical considerations and considerations for the workplace in general, understanding that context will be important.
Practical Considerations
From a practical standpoint, prior to terminating an employee for poor performance, an employer should consider whether the employee has a history of positive evaluations or pay raises that could cast doubt on the employer’s claim that termination was for poor performance. It is also important to determine if the employer has a history of overlooking similar performance issues for the employee or others. It is also important to ensure that the employee has been given an opportunity to address the concerns before termination to determine if there is a satisfactory explanation. Third parties reviewing a termination will expect at least that basic level of fairness.
The employer should also look at other factors that could affect or undermine its decision to terminate the employee. For example:
Homestead Hospice has reached a $1.93 million settlement agreement for the company’s alleged involvement in False Claims Act violations. U.S. District Judge Thomas Thrash Jr. recently released the...