California law has clearly outlined the reasons for which termination of an individual’s employment is lawful and unlawful. People often lose their jobs by being fired at any time or for various reasons, however, if they feel their firing was unlawful, employees have the power to sue.

What are some unlawful reasons for firing an employee?

1. Discrimination.
All employees have a right to employment regardless of their identity. Thus, if one is fired for any reason such as gender, sex, race, religion, or age, their termination can be considered unlawful. In addition, medical issues such as pregnancy or disability are not justifiable reasons to fire an employee, as they too are considered forms of discrimination.

2. Refusing to take a lie detector test.
If one refuses to take a lie detector test then they should not be fired. This is because each employee has a right to accept or deny the test whether guilty or not. If fired for refusing to take the test, then one can sue the employer.

3.  Violation of public policy.
An employer cannot fire an employee for ethically or morally wrong claims. For example, one cannot and should not be fired for refusing to commit illegal acts like lying to auditors or making false insurance claims.

4.  Retaliation.
Employees should also not be fired for complaining about wages or exercising their legal right such as voting or wanting to take some time off on leave. If an employee wishes to retaliate or go on strike due to a change in their rights, they may not be fired for doing so.

As an employer, should I contact a lawyer?

Employers are advised to consult a lawyer in order to draw up a contract that highlights the process of termination within their workplace. By doing so, the employer may inform their employees of both lawful and unlawful reasons for which they may be fired, so no employee is uninformed.

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If a worker is not doing the job they are being paid for, then things must be corrected or they must be let go. Firing a worker might take you some time. However, these guidelines below will help you stay out of trouble when you have to terminate an employee.

Since workers do not believe they are being dismissed from their job or believe that they should have to be fired, do not permit them to think there is any chance to change your mind. Ideally, you thought about it thoroughly before arranging the end of contract meeting. You will have to have your explanations fairly articulated and a coworker next to you as a witness. Deal with the worker with respect and kindness, but also make sure your words are simple and to the point. Explain to the employee that the reason for this meeting is to notify them of your determination, which will not change. This really is much kinder than deceiving or confusing the worker. Here are some tips on how to handle the firing process lawfully:

Avoid Firing Employees Unexpectedly 

Absolutely nothing makes an employee more upset than getting blindsided when fired. Unless of course, an instantaneous, criminal offence takes places, the employee really should get training and performance review as time passes.

Never Fire an Employee Through Email or Text: 

You should never fire a worker using any digital approach at all. Even a letter is considered unacceptable if you need to let an employee go. Whenever you fire a worker, provide them with courtesy and respect. Even if they were a poor performer, they deserve a one on one meeting during the firing process. There is no other way to fire an employee.

Avoid Finishing the Conference on a Bad Note: 

Whenever you fire a worker, the objective of the meeting has to absolutely not to talk down to them or damage their confidence. The truth is that every single person’s very best interest is served when the worker is able to move on with his life as fast as possible. Therefore, you would like to end the meeting on a good note. If you are allowing fired workers to collect unemployment, let them know. Discuss job searching and how to begin. Tell them that their efforts were appreciated. Recommend the type of job that you think might suit their abilities; be honest about it.

Only Fire a Worker in the Presence of a Witness: 

Particularly in the United States, any person can sue someone else at any given time, for just about any reason. In work termination instances, the employee also needs to look for a lawyer who feels that they are able to win the case and collect the fee. The most effective practice would be to include a second worker in the meeting whenever you fire an employee.

Conclusions About How Exactly to Fire a Worker:

Firing a worker is not the desired experience. However, the experience can be less burdensome for all by following the guidelines above. The actions you take truly does matter to the worker who is being dismissed and to the others who will learn that the worker is gone.

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