What are some of the legal risks associated with firing someone and what is HR's role in the process?
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What are some of the legal risks associated with firing someone and what is HR's role in the process?
 
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kemosabbe
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It depends on the company's policies, the state you are in, and the Federal Government. It also depends on if we're talking a major company or small operation. If the guidelines require verbal warning,written warning, suspension, then termination, all steps should be followed and documented. However, if a criminal act occurs, such a fighting, or insubordination, a person may be terminated without the other steps. If a company does not follow the laws, then the employees may file a complaint with their employment division and EEOC. So please check the written policies regardless if you are the manager or the employee. |
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Judy
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Legal risks are mainly that the person might sue you - even if they eventually lose their suit, it still takes a lot of time and money to defend.
HR should review the situation before the termination takes place. Part of what they will look for is that no law regarding protected classes is being violated. They can also advise the manager on how to conduct the termination meeting. It's not uncommon for an HR person to sit in on the actual termination discussion. |
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Scarlett's Mummy
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Depends on your reasons for wanting to fire them, whether you have sufficient evidence to back it up etc. HR should be there in an advisory capacity. |
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Purple
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Make sure you have documentation on employee warning records, emails, performance appraisals, etc b/c if they decide to sue you, then you at least have backup paperwork. |
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