Managing Effective Employment Terminations

Oftentimes, companies are compelled to terminate employees who are not performing up to the company's legitimate expectations, and terminated employees are more inclined to resort to wrongful discharge litigation. To minimize the risk of litigation for potential terminations down the road, companies should take the following steps from the inception of the employment relationship:

The Hiring Process

It all begins with the hiring process. If care is not taken at the beginning, mistakes could impact a later termination.

Applications. By now most companies are aware that direct questions asking an applicant's race or age are unlawful. However, other questions also may be seen to elicit similar improper information indirectly. For example, generally asking about membership in organizations, without limiting it to job-related organizations, could elicit information on race, sexual orientation, etc., and asking for dates of graduation could elicit information that