I need to let a troublesome employee go for non-performance or misconduct. How do I properly terminate him or her while avoiding a lawsuit? « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

I need to let a troublesome employee go for non-performance or misconduct. How do I properly terminate him or her while avoiding a lawsuit?

As an employer, there is no guarantee that any exact termination procedure will free you from wrongful discharge liability claims.

However, a continuous, proactive application of both well-articulated, updated policies for personnel, well-documented interactions with failing personnel, and the thoroughly articulated  business-based reasons for terminations are key elements of a best-possible defense. See also, “Employee Terminations; Firing Low-Performing Workers While Limiting Repercussions.”

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