Fairness, Diligence, And Dignity

          When a company has to fire someone, the company should, in fairness, consider whether the “punishment fits the crime.”  Also, the employer should be sure the company is making decisions uniformly based upon set criteria as to both firings and layoffs.  For example, are male and female employees both held to the same accountability for showing up at work on time for their work shift?  In a layoff, are you laying off more older, experienced people than the younger inexperienced people, and if so, what is the business reason?  Discussing these issues with your employment counsel would be prudent, before implementing the firing or layoff.

The principle of diligence means that you document and verify the validity of facts supporting your employment decisions including providing employees written performance evaluations and the opportunity to provide written responses.  When laying off a group of people, documenting the selection criteria and application of those criteria for those who are being laid off is helpful.  Once again, your employment counsel can assist you.  The purpose of diligence is not only to defend a company in the face of lawsuit.  Being able to readily provide information and documents to a laid off or fired employee to support the reasons for the decision goes a long way in avoiding lawsuits.

          Lastly, the principle of dignity is important.  Firing an employee in front of his co-workers, even when the cause is justified, humiliates that employee and that humiliation will often turn to anger and a desire to seek revenge on the company and the manager.  That could not only lead to the employee’s violence or disparagement of the employer.  It could also result in the disgruntled employee going to a lawyer and, even if the claims the employee believes he has may not have merit, there may be other viable claims uncovered.  Further, the remaining employees’ morale could be negatively affected if the company humiliates employees during their firing.  Keep in mind that treating someone with dignity does not mean being foolhardy enough to allow the terminated employee access to the company assets, including the company computer, after the termination. 

          Your employment counsel can assist you in the proper way to handle an employment termination on a case-by-case basis.  Preparation in figuring out how and who to fire or lay off can go a long way in saving the company unnecessary money and time lost in litigation or decreased productivity of the remaining employees because of lost morale.