Wrongful Termination In The Workplace

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Tara Stettner
Human Resource Management
Collette Stuart
Saint Paul College / Monday 5-7pm What is Wrongful Termination?
Wrongful termination is one of those claims that any business would dread. Eventually every business has to face the fact that an employee must be terminated. Whether it’s due to cut backs or performance, there is always a concern that the employee will file a claim or attempt to sue to the company.
How a business handles employees during the termination process can have an direct impact on whether the employee decides to file a suit. Sometimes, the person may just be controversial and there is nothing you can do to prevent a bad experience. In most situations a termination that is handled appropriately will go …show more content…

If an employee feels he or she was involuntary forced to leave a job because the employer made the job unbearable, he or she can file a wrongful termination suit against the former employer for constructive discharge however this is a whole different issue.
It's not enough for the employee to individually believe his or her working environment is intolerable. Courts instead look at whether a reasonable party would find the environment to be unusually egregious and hostile. If a reasonable party working in the employee's position wouldn't find the conditions intolerable, the employee's resignation will be treated as a voluntary resignation by the employee, even if the employee believes that he or she can't work under the conditions imposed by the employer.
However, realistically there are no specific laws that provide protection for employees who have been wrongfully terminated from their …show more content…

If the time comes to terminate the employee, it should not be a huge surprise. Documenting the process is important especially documenting progressive disciplinary measures. Keeping records of the situation goes a long way to avoiding litigation, and it also ensures that appropriate procedures are followed. Being able to identify performance objectives and advise the employee on whether they meet or don’t meet those expectations is helpful not just for termination, but also for training and motivating your team.
Terminate thoughtfully. Even if the employee recognizes that they may be terminated the actual event may still come as a bit of a surprise. Keep in mind that it’s a form of rejection or failure and not all people take rejection or failure the same way. Try to position the termination in a way that helps the employee to understand that although they are leaving your employment, they may be happier in a position or with a company where they are better suited. That may not always work, but using compassion and empathy can go a long way
Consider liability insurance. While liability insurance premiums can be expensive, they pale in comparison to the expense of defending a

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