Q: How can I get rid of this horrible employee?
–Frustrated Business Owner
A: Dear Frustrated:
Whether your employee is incompetent or just doesn’t fit with your mission or people, it’s tempting to just tell an employee to “get lost.” But you must proceed carefully. Many laws provide protections even to “at-will” employees.
It’s important that you document any issues with employee conduct, performance, or attitude when it occurs. That way, if you are later sued, you’ll be able to substantiate the true reason the employee was fired.
Unfortunately, some employees bring lawsuits in which they allege that they were fired for an illegal reason when they were not. Failing to document issues as they arise makes you vulnerable when this happens. And you can’t go back later to document the issues. Many courts would find that if you did, you might have been covering an illegitimate reason for discharge, such as retaliation or discrimination.
Most importantly, consider having business insurance that covers employment practices. Because even if you handle everything perfectly, you can still get sued and just defending an unfounded lawsuit can be costly.
When you need support on employment issues, we can help. We also provide comprehensive insurance reviews as part of our trusted advisor services. We don’t just incorporate your business, handle a contract or intellectual property matter, set it and forget it, but truly get to know your business as a whole to guide you as a trusted business advisor.
Creative Business Lawyers® offer a complete spectrum of legal services for businesses and can help you prevent difficult employment issues, proactively. Creative Business Lawyers® also offer a LIFT Start-Up Session,™ which includes employment structuring, financial, and tax systems you need for your business. Contact a Creative Business Lawyer® to schedule a time to discuss your business needs.