Termination of Employees

This chapter explains that most employment litigation comes from the termination of employees. The authors discuss the concept of "painless termination" which, if kept in mind, minimizes these claims. Many times the terminated employee desires to retaliate against the company because of the way the termination was handled -- resulting in expensive litigation. It is pointed out that, while all terminations are painful to the employee, if this can be minimized by the manner in which it is handled then the termination may not ultimately become "painful" to the company, because of the cost of defense or "painful" to the responsible supervisor, who must defend his actions on the witness stand. The chapter also discusses the standards used by labor arbitrators in determining "just cause" for termination. It also discusses the importance of systematic documentation and the doctrine of "progressive" discipline.