Terminating an employee is never an easy task, and even worse, it can introduce legal challenges in the modern world. These days, employees are generally aware of their rights, and even a perceived slight could prompt them to file a wrongful termination claim.
You may prevail if this happens to your business, but it is always better to prevent wrongful termination claims from arising. The tips below can offer guidance for legally terminating employees in New York.
Understand at-will employment
New York is an employment-at-will state, meaning you can terminate employees for any legal reason or no reason at all. However, it is wise to consider the potential legal pitfalls and make sure that terminations are not for discriminatory reasons such as race, gender, age or disability.
Document the termination process
Proper documentation is crucial in preventing wrongful termination claims. Keep detailed records of employee performance, disciplinary actions and any incidents that lead to termination. Documenting the termination provides you with evidence that the termination was justified and lawful.
Follow your company policies
Adhere to your company’s termination policies as outlined in employee handbooks and contracts. Consistency in following procedures can protect you from claims of unfair treatment. Make sure to follow all steps in your termination policies before ending the employment relationship.
Provide clear communication
When terminating an employee, communicate the reasons clearly and respectfully. Provide written notice of the termination, including the effective date and information about final pay and benefits. Total transparency can help mitigate misunderstandings and prevent potential disputes.
You can also help avoid wrongful termination claims by having experienced legal guidance as you make difficult employment decisions. This guidance can also help if you’re facing an employee legal action.