Ending an employment relationship can feel like navigating a minefield. Your discussion with an employee is far from amicable, causing them to resign immediately. This scenario can lead to a contentious termination, which often occurs due to arguments, disputes over performance or any other kind of conflict.
For you as an employer, the real danger often lies with a retaliation claim that may follow. Understanding why this occurs is key to creating a protective plan for your business.
How a contentious termination and retaliation are related
Contentious terminations can occur instantly, and they usually follow a heated discussion. For instance, say you fire an employee for their constant poor performance. This decision enrages them and causes a volatile confrontation. However, it just so happens that this employee blew the whistle about harassment in the workplace.
Due to the tense atmosphere, high emotions, accusations of unfairness and a lack of objective documentation make matters worse. The employee may file a retaliation claim against you, asserting that you terminated them for revenge after they engaged in a legally protected activity.
Why proper record-keeping can be your best defense
The biggest mistake you can make is to start documenting an employee’s departure after a conflict. Documentation must happen in real-time. Here are a few recommendations to consider:
- Establish a paper trail of an employee’s performance issues before termination occurs.
- Create an objective report that outlines an employee’s specific policy violation.
- Include the moments you offered support in helping an employee improve their performance.
- Show a history of warnings before they led to a termination.
Furthermore, auditing past actions can help you identify inconsistencies. If a similar instance occurred before, use it as a baseline to form disciplinary actions that align with the company handbook. Any deviation may be used as evidence to suggest retaliation.
Assessing your internal process on termination
Clearer protocols for internal investigations can prevent future claims and show the court you take workplace fairness seriously. Because California law is notoriously employee-friendly, navigating these nuances requires a steady hand. You may find it invaluable to consult with an experienced employment attorney who understands the unique pace of California business to ensure your next step is the right one.