Pitfalls of Dismissing
It is always a good idea to call your employment lawyer before an employee`s dismissal even if the employee has signed an iron clad termination clause. Most of my clients do so and sometimes the call helps the client save thousands of dollars.
This past week - like most weeks - I had a number of calls from clients who wanted to terminate an employee.In one case, the employer wanted to terminate a poor performer without just cause.
For various reasons, I always want to know the backstory to a potential dismissal so I started asking questions. It turns out the employee was disabled and had very recently requested accommodation. Although I have no doubt the disability had nothing to do with the desire to terminate, the employer had not done a good job of documenting several bona fide performance concerns, had not warned the employee that his employment was at risk.
Lessons to be learned:
- Make sure every employee signs an employment contract with a legally enforceable termination clause. For blogs discussing how termination clauses are being successfully challenged by employees.
- Always call your employment lawyer before terminating an employee even if the employee has signed a legally enforceable termination clause.
- To avoid additional legal liability, it is sometimes necessary to delay an employee termination. Damages for human rights violations, punitive damages, and the intentional infliction of mental stress can far exceed the termination pay an employee is owed under an employment contract. For blogs discussing non-termination pay damages.
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Posted by
Tom Brown
Attorney Tom Brown was admitted to the Texas Bar in 1975.
He holds a doctor of jurisprudence degree from South Texas College of Law and a bachelor's degree in political science from Texas A&M University at Kingsville. In addition to being licensed to practice law before Texas courts, Tom Brown is also licensed to practice before the U.S. Supreme Court, U.S. 5th Circuit Court of Appeals, and the U.S. District Courts for the Southern and Eastern Districts of Texas. Tom Brown is a member of the American Association for Justice, the Bar Association of the Fifth Federal Circuit, the Houston Trial Lawyers Association...
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Jack Wilson
Thank you for such an interesting article! It is useful to know how to deal with employee's dismissal correctly.