Call Us Today For Your Free
30-Minute Consultation

619-739-4592
866-540-8277

619-739-4592

Tip #1 for Avoiding a Wrongful Termination Claim

Document before termination. If possible, document infractions (that may lead to termination) before you terminate the employee. For example, write down in memo form instances of employee misconduct or poor performance, then meet with your employee to discuss the matter. Present the memo and ask your employee to sign same to acknowledge receipt, keeping a signed copy to place in the employee's personnel file. In the memo, advise the employee that any further infraction could lead to discipline, which could include termination. Now you have "documented" the event.

By this method of documenting the infraction you have a "track record" of previous misbehavior should you need to terminate the employee later for a similar reason. Document in writing instances of lateness, poor performance, customer complaints, not following policy, and keep in the employee file.

Documentation helps an employer by providing justification for a subsequent termination should an employee later falsely assert his/her termination is instead based on some unrelated and purportedly illegal basis.  

Contact Freeland Law APC for a free 30-minute consultation with Michael Freeland, experienced employment lawyer serving La Mesa, California.

Free 30-minute consultation · Credit cards accepted ·

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.