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Protecting Your Company from Litigation When Terminating an Employee

Posted on in Terminating Employees

Arlington Heights business law attorneys, terminating an employeeThere are several aspects to running or managing a business. The act of terminating an employee is one of more difficult and unpleasant. It is also a situation that could potentially put your business at risk for litigation. If you have started a business and need to terminate a problematic employee, the following information can help you stay within the legal guidelines. It can also ensure you know when and where you can find help, should you need it.

Do You Have the Legal Right to Terminate?

Illinois is an “at-will” employment state, which means you do not need to have a reason or cause for terminating an employee. Yet there are some legal pitfalls that you, as an employer, must be aware of. You cannot terminate an employee for reasons that relate to their age, race, religion, or gender. Employers are also prohibited from terminating an employee for taking family leave, military leave, or time off for jury duty. Whistleblowers are also protected by law.

Another matter to consider is whether your company has any policies in place that could impact your ability to terminate an employee. For example, if you have a legally binding contract, you will need to examine this carefully before you move forward with a termination. If you have any questions or concerns about the legal guidelines on terminating employees and how it may apply to your situation, contact an experienced business law attorney for help.

Moving Forward with Termination

If, after examining your situation, you determine that you can legally terminate an employee and that it is in your company’s best interest, it is important that you move forward in such a way that it protects your company. For example, ensuring that you have accurately and effectively documented an employee’s tardiness can help protect you, should the employee attempt to bring a sexual harassment lawsuit against your company. Again, if you have any questions or concerns about what sort of documentation may be needed, an attorney can help.

Contact Our Arlington Heights Business Law Attorneys

Whether you need assistance examining a contract, are uncertain about the possible implications of terminating an employee, or simply want to ensure you have everything in place, A. Traub & Associates can help. Our Arlington Heights business law attorneys are backed by more than 15 years of experience, and we always prioritize the best interest of our clients. Let us know how we can assist you. Call 847-749-4182 and schedule your consultation today.

Source:

https://www.sba.gov/blogs/how-fire-employee-and-stay-within-law

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners
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