The Decision Is Made
You have made the decision to terminate an employee. This will be a very difficult and stressful time in your professional life, but it must be done for the good of the organization and your employees.
In this blog, we will cover some of the issues to help you through with the decision to terminate an employee. First, it is recommended that you call in the expert, Don Swift and Associates, for help to “dot the i’s and cross the t’s”. It is essential to make it right the first time.
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.
• Reduction in Workforce – The workforce is being reduced.
• Just Because – An employee may have an annoying personality or creates problems with others in the workforce. In short, the employee may not be a good fit into the business.
• Voluntary Termination – The employee decides to terminate the employment relationship.
With any termination, the employer is at risk of being sued. This could even be the case when the employee leaves voluntarily. They could complain they were not treated fairly at work or that they were discriminated against.
Sorting out the legal and emotional issues to protect the employer’s interests and limit financial exposure to a claim requires expert assistance. Don Swift and Associates has the experience and are experts in assisting you with the termination process for any of these reasons.
Most employees, when terminated, look for ways to take legal action against the past employer. There are three stages a past employee may go through when terminated. First is the “I did not do anything wrong” stage. The second stage begins with anger whereupon the past employee concludes “I need a lawyer.” The final stage is commencing an action against the former employer.
Facing a previous employee across the table and being accused of wrongful dismissal is one of the most emotional and financial issues you will face as an employer. There is not only the stress and emotion of the actual termination, but you will face a full range of emotions when you are presented a claim for wrongful dismissal.
The best way to protect your interests and address the stress and emotion of the decision to terminate an employee is to call an expert prior to a termination. In fact, it is best to bring in the expert as early as possible and better when you begin to address the performance of an employee.
Don Swift and Associates are the experts who can help you with the termination process which needs to be done in a judiciously calculated manner. Don Swift can assist you with:
• Ensuring that the right process for discipline is followed.
• Ensuring that the employee has been provided due process for discipline and the opportunity to improve performance.
• Ensuring that the correct documentation is provided to the employee and the personnel records are complete.
• Ensuring that the termination is carried out properly. This includes having a witness present to confirm that the employee was addressed appropriately.
• Ensuring you are prepared for the inevitable which is legal action against you and your company.
The Expense of All of This
Some may think, “I can save the money and do this myself.” Contracting Don Swift and Associates is your insurance policy. You will be able to face any claim of wrongful dismissal with the confidence that you have done everything possible to protect your interests and reduce your risk of legal and financial exposure.
Call the Experts
Call the experts, Don Swift and Associates, to help you with the termination process. Termination of an employee is a very complex process. To protect your company and yourself from the emotional and financial attacks of a previous employee, you need the expertise Don Swift and Associates can provide.
Don Swift and Associates is your insurance policy that a termination will be done in a manner that provides you and your company the best opportunity to survive a claim for wrongful dismissal. Call Don Swift and Associates today at 940-228-0550 for help in the Wichita Falls area of Texas.