Terminating the Employment Relationship

L EGAL R AMIFICATIONS TO C ONSIDER P RIOR TO E NDING THE E MPLOYMENT R ELATIONSHIP

Section 3

There are legal ramifications an employer should consider prior to terminating an employee. These ramifications are not always apparent and may require a Human Resources professional to investigate before issuing a Notice of Intent to Terminate. Employers may certainly terminate employees for legitimate reasons. However, whatever legitimate reasons an employer may have, those reasons must ultimately be proven. Therefore, managers and supervisors must make sure they have documentation that evidences a legitimate business reason for the action taken. Additionally, managers and supervisors must ensure that all personnel rules, past practices or MOU provisions are applied in a consistent, even-handed way. Even where discrimination or retaliation is not expressly alleged, Liebert Cassidy Whitmore recommends that managers and supervisors consult with their agency’s human resources professionals and/or legal counsel regarding legal restrictions and ramifications before initiating a termination, regardless of the employee’s status (e.g., permanent, contract, etc.). The most common legal issues that arise in the discipline context are discussed below.

Common Legal Issues to Consider When Terminating An Employee:

LCW Practice Advisor

 Is any category protected by discrimination and harassment laws implicated?  Is the employee a whistleblower or has the employee engaged in free speech?  Has the employee complained of discrimination or harassment, or participated in a process relating to such a claim?  Has the employee reported a work injury?  Does the employee have any disability or has s/he requested an accommodation?  Has the employee registered under the domestic partnership act? If these or other protected activities are present, review the proposed action and determine the strengths of the legitimate reasons for the proposed action.

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 28