California is an at-will employment state. This means an employer can fire an employee for any reason or even no reason. However, California employers are not allowed to fire employees in violation of a law or the employment contract that governs the employer-employee relationship. If an employee terminates an employee in violation of a law or the employment contract that governs the employer-employee relationship, they may face a wrongful termination lawsuit. An employer who is accused of wrongful termination may be required to pay damages.
Wrongful termination is a serious accusation for an employer to face. Fortunately, there are several things employers can do to protect themselves when facing a wrongful termination lawsuit. Below, we discuss some of the ways to beat accusations of wrongful termination;
When facing accusations of wrongful termination, the first thing you should do is hire a qualified defense attorney. Wrongful termination defense requires skills and carefulness. A skilled wrongful termination defense attorney can assess your case and help you build a strong defense strategy. After all, the individual making the complaint is likely represented by an attorney and wants a jury trial. You do not want to face a jury trial without an attorney by your side.
One of the most important initiatives employers can take is keeping adequate documentation for all employment-related decisions. Juries usually believe that if the employer has not documented it, it did not happen. If you have documentation showing you were reasonable in terminating the worker, it will serve as strong evidence. For example, if the former employee signed off on clear expectations in a handbook when you hired them and then breached the expectations, that paper trail could be essential in supporting your decision to terminate them.
On top of gathering documentation, consider seeking evidence from interviews with others who were involved in the decision-making. Consider seeking evidence from interviews with those whose opinions contributed to the action.
Indeed, every day, many employees fall victim to wrongful termination. However, some employees make false wrongful termination claims. For instance, a worker may make a false wrongful termination claim because they disagree with some of the feedback they got from their employer. Employees may also make false accusations if they disagree with the employer’s promotion decision, regardless of the decision having been made justly. Consider talking to other employees and finding evidence that supports your position that the former employee is untrustworthy or problematic.
If, for example, you fired someone who is a protected class member, it could help if you replaced them with someone of the same class. While it is not always possible to replace someone who is a member of a particular protected class with someone of the same class, being able to do that can provide evidence that you did not make the termination decision based on discriminatory reasons.
If you are facing accusations of wrongful termination and need the help of a skilled attorney, contact our wrongful termination defense attorneys at SAC Attorneys LLP.