Dallas, Texas (WiredPRNews.com) – Unfortunately, firing an employee is not nearly as much fun as Donald Trump makes it appear. And, if an employer fails to do so properly, the employer could face a lawsuit. Dallas employment Attorney Keith Clouse, who routinely advises companies on termination issues, suggests that an employer follow the tips outlined below when discharging an employee.
As a threshold issue, an employer must carefully review a situation and determine that a legitimate, non-discriminatory reason exists for the discharge. Then, prior to the termination, the responsible manager or human resources official should gather documentation regarding the employee’s job performance and review company policies regarding termination. Severance pay, the return of company property, the backing up of the employee’s computer files, and similar issues should be considered at this time.
The manager should then schedule a face-to-face meeting with the employee. At least one witness should be present. During this meeting, company policies should be followed precisely. The manager should explain, directly and concisely, the reason for the termination. Then, the manager should review exit procedures and ask the employee to sign any required paperwork. The manager should arrange for the employee to collect personal items and, if possible, make a graceful, un-escorted exit from the premises.
If an employer fears that an employee might challenge a planned discharge, the employer should seek counsel in advance. For assistance in discharging an employee, please contact Dallas employment lawyers at Clouse Dunn Khoshbin LLP at [email protected]