Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world.
+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
If an employee is terminated and sues for wrongful termination, an employer will need documentation as part of the legal defense to help show it did not act arbitrarily. Even if the employee was employed “at will,” things can happen during an employment relationship to undermine at-will employment. In that case, an employer will need to show it had legitimate reasons to terminate the employee. And documentation of performance issues and conversations with the employee about it are some of the best proof.
Also, keep in mind that a jury could be the ultimate decision-maker about an employer’s liability. An employer is better positioned to obtain a favorable outcome if a jury is presented with written evidence proving that the employer engaged in ongoing communications about performance problems and set clear expectations for the employee.
While fairness may or may not be a specific issue in every case of wrongful termination, a corporate employer will always be viewed more favorably by a jury if it believes the employer acted fairly. After all, many jurors are employees and not employers. Click here for full article
Employment Lawyer and Human Resources Trainer and Consultant
Want to improve the way you run your business? Entrepreneurs, academics, and consultants from diverse industries offer practical advice on a variety of topics each business day.
To submit a tip for consideration, first check our archive of previous tips to make sure you're not repeating a tip someone has already contributed. Then send the tip to Small Business channel contributor Michelle Dammon Loyalka. Because of the volume of material she receives, she may not respond to each individual.