Employers can substantially minimize the risk of wrongful termination litigation by ensuring that employees are treated fairly in the termination process. Here are the mistakes most often made by employers in the termination process and what to do instead.
An employee who’s been laid off or fired and believes that it’s due to unlawful discrimination can’t simply sue and then sit around waiting for a payout from his or her former employer. Rather, the law requires that he or she get out there and look for another job—or risk a hit to any back pay damages.
One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer, or the employee may mistakenly feel that he or she will be more valuable to a new employer by bringing such information. Regardless of reason or intention, companies need a trade secret protection plan in place to prevent trade secrets from leaving with their employees. Here are some tips for adding protection to the exiting process.
The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in the hearts of employers, but employers do have some powerful defenses to call upon.
Exits from a job can be graceful, as in Groupon CEO’s Departure Memo, or contentious. From the employer perspective, getting the termination letter right will go a long way toward protecting rights and ratcheting down emotions.