Employee Termination

The Decision Is Made

imagesYou’ve made the decision to terminate an employee for the good of the organization and your other employees.  This will be a very difficult and stressful time in your professional life.

To help you with the decision to terminate an employee, the first recommendation is to call an expert for help.  Don Swift and Associates are the experts you need.  It’s essential to “dot the i’s and cross the t’s”.

The Law in Texas

In Texas, an employee can be terminated for:

  • Cause – An employer finds that an employee has stolen company property,     continually not preformed to expectations, or may have breached other terms of employment.
  • A Reduction in Workforce – The workforce is being reduced.
  • Just Because – An employee may have an annoying personality or create problems with others in the workforce.
  • Voluntary Termination – The employee decides to terminate the employment relationship.

Any termination puts the employer at risk of being sued, even when the employee leaves voluntarily.  These are usually complaints of unfair treatment or discrimination.  Sorting out the legal and emotional issues to protect the employer’s interests and limit financial exposure to a claim requires expert assistance.

The Terminated Employee

Many terminated employees look for ways to take legal action against past employers.  There are three stages a past employee will go through when terminated.  First is the “I didn’t do anything wrong” stage. The second stage begins with anger, whereupon the past employee seeks a lawyer.  The final stage is the action against the former employer.

The Employer

Being accused of wrongful dismissal by a previous employee is one of the most emotional and financial issues you’ll face as an employer.  There’s the stress and emotion of the actual termination.  You’ll also face a full range of emotions when presented a claim for wrongful dismissal.

Be Prepared

The best way to protect your interests is to call an expert prior to a termination.  One call will help you address the stress and emotion of the decision to terminate an employee.  The best time to call is when you begin to address the performance of an employee.  The termination process needs to be done in a judiciously calculated manner.

You need experts who can help you with:

  • Ensuring the correct process for discipline is followed.
  • Ensuring the employee has been provided due process for discipline and the opportunity to improve performance.
  • Ensuring the correct documentation is provided to the employee
  • Ensuring the personnel records are complete.
  • Ensuring a witness is present to confirm the employee was addressed appropriately.
  • Ensuring you are prepared for the inevitable; legal action against you and your company.

The Expense

Some think, “I can save money and do this myself.”  Contracting a professional is your insurance policy.  You’ll be able to face any claim of wrongful dismissal with confidence.  You’ll know you’ve done everything possible to protect your interests and reduce your risk of legal and financial exposure.

Call the Experts

Termination of an employee is a very complex process.  Don Swift and Associates are the experts who will help you with the termination process.  They have the experience to protect your company and you from the emotional and financial attacks of a previous employee.

Call Don Swift at 940-228-0550 for help in the Wichita Falls, Texas area.