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You
face a significant legal risk every time you fire
someone. To
avoid lawsuits you should consult an attorney before you
take any action against that employee.
Someone who decides to pursue “justice” through the
courts will generally claim discrimination. Women,
anyone over the age of forty, physically challenged
persons, minorities, gays, and many other groups are
protected by law from discrimination.
Courts, especially juries, tend to be highly sympathetic
to fired employees.
Another potential problem you should be aware of is how
you handle reference calls for a former, and fired,
employee. If you give out any information on such an
employee, other than dates of employment and a salary
confirmation, you risk a lawsuit.
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