Practice Considerations In Employment Terminations

A strong workforce is a critical component for an employer's success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a result, employment terminations can have high stakes, because of the risks of litigation and the impact on the workplace.

This blog will not analyze the legal claims and defenses, but instead will address practical considerations and considerations for the workplace in general, understanding that context will be important.

Practical Considerations

From a practical standpoint, prior to terminating an employee for poor performance, an employer should consider whether the employee has a history of positive evaluations or pay raises that could cast doubt on the employer's claim that termination was for poor performance. It is also important to determine if the employer has a history of overlooking similar performance issues for the employee or