Handling Disciplinary Actions And Terminations The Right Way
Sometimes it is necessary to let people go — because they engaged in unacceptable conduct, because they did not put up acceptable numbers or because the company needs to reduce its workforce.
At Gallup Auerbach, with offices conveniently located in Hollywood and Coral Springs, Florida, our lawyers provide counsel and legal representation to employers with regard to disciplinary actions and terminations. We also defend employers who are sued for wrongful termination. We represent small and medium-sized businesses in Miami-Dade, Broward and Palm Beach Counties and throughout Florida.
Because Florida is an at-will state, businesses are free to discipline or terminate employees as they see fit. It is not necessary to specify a reason for termination. But there is still great risk to the employer when an employee claims the action taken by the employer was based upon unlawful termination or retaliation.
When Disciplinary Actions Come Back To Bite
When the employee belongs to one of the specifically protected classes — race, national origin, age, sex, sexual orientation, religion, etc. — a discrimination claim can cause the employer great harm.
Company actions should be in keeping with the policies stated in the employment handbook. If the handbook prescribes one process and the employee is treated in a markedly different way, that spells trouble. It is important to stick to the policies you have in place.
Employers need to be aware of past patterns in disciplining and termination. Generally, similarly situated employees should receive similar disciplinary action for similar offenses. To do otherwise can form the basis of a claim of discrimination.
Finally, it is important that your history with the employee in question be consistent, and documented. If the offense in question occurred before, you want it to show up in the employee’s records, and for the employee to have been properly advised of the infraction.
Experienced Employment Law Advocacy
Our attorneys advise employers proactively on discipline and termination issues, as well as representing them in disputes alleging discrimination, retaliation or other employment law violations. To discuss your pressing problem, call us at 888-545-2325 .
Ask About Our Flat Fee Retainer Program
One way to deal with ongoing issues of terminations and discipline is to participate in the flat fee retainer program at Gallup Auerbach. For a flat monthly sum you are free to call on Dana Gallup or Jacob Auerbach with problems as they arise. It provides you with the predictability your business requires, while assuring you of our full attention at the moment you need it most.
Our offices are conveniently located between Miami and Palm Beach in Hollywood and Coral Springs, Florida.