It’s a common scenario: you hire an employee for a position and after their training period they continuously make mistakes and do not meet your performance expectations. The poor performance could be for a number of reasons: they need further training, they have personal distractions keeping them from performing up to par, or maybe they’re just not the right person for the position at your company. So you decide to terminate their employment and find a new employee to take over their job responsibilities. Without proper documentation to support your termination, you could be facing a number of potential liabilities.
So, what are the employer, manager and supervisor to do?
Begin by understanding the concept of wrongful discharge. Wrongful as in illegal and unfair. And discharge, as in termination. So the ex-employee, in filing a legal action against an employer and claiming wrongful discharge is asserting the termination violates a legal right or a legal protection, or violates an employer’s promise or commitment, or violates the unwritten provision in the contract of employment that the employer and the employee will deal fairly with each other.