Fighting Wrongful Termination Claims
From the moment a company hires its first employee, it must be prepared to face a claim of wrongful termination. Small businesses can be impacted more severely in these cases, as their resources to fight such claims may not be as deep as their larger counterparts. Having a strategy and working with experienced legal professionals is a step in the right direction.Set Your Business Up for a Successful Defense
In most states, California among them, there are usually clearly defined criteria for terminating a worker’s employment status. It is important for managers and human resources professionals to be aware of the laws and implement proper procedures when initiating the employment termination process. Taking the following measures can help support your business’ case in the event a wrongful termination claim is filed against it:
- Take Preventative Steps – Ensure you are following all applicable employment laws for a business your size and the number of people you employ. Implementing and abiding by fair employment practices is a good way to stay out of court.
- Retain All Employment Records – Maintain and keep records of employment applications, workplace policies, performance reviews and appraisals, salary histories, employee handbooks, and other applicable forms in accordance with Federal law.
- Seek the help of outside counsel experienced in the area of wrongful termination claims.
- Initiate an internal investigation to ensure your company and its employees followed the laws and proper procedures in taking termination action against an employee.
- Build a defense strategy that includes the involvement of all employees, supervisors, and managers who were aware of or involved in the termination process.
- Determine Accountability – In the event that proper procedure or documentation was omitted, it may be necessary for upper management to hold those individuals responsible for their errors.
- In the event your company is facing a high profile wrongful termination claim, it is critical to direct everyone, regardless of their involvement, to refrain from making any statements to the press. Only an attorney or designated spokesperson should issue pre-approved comments.
Defending your business against a claim of wrongful termination can require you to re-allocate valuable time and resources that might be better used toward achieving company goals and managing daily operations. The services of an experienced employment attorney can ensure that your business understands the claims it is facing and how best to prepare for defending wrongful termination claims now and in the future. SAC Attorneys LLP provides clients with the benefit of vast experience and resources handling such matters, ensuring that they do not distract from your business initiatives. Contact a Santa Clara County wrongful termination attorney today at (408) 436-0789 to schedule a free initial consultation.