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Four Reasons Not to Fire at Will
Managers who think 'at-will' employment means they can fire at any time, for any reason and without notice or documentation need to think again, says Philadelphia attorney Jonathan Segal. They won't find juries very sympathetic to unexplained firings.
Consider four good reasons not to fire at will.
- Fairness to the employee: It is good business and good for morale and reputation to treat people fairly.
- Cost to the business: It is almost always cheaper to help an employee improve than to start over with a new hire.
- Reduced likelihood of claims: Employees who have been through a progressive discipline process are less likely to contact an attorney, and if they do, the attorney is less likely to take the case.
- Decreased exposure at trial: If you eventually do have to take action against an employee, clear documentation boosts your chances of success at trial. In any lawsuit, you'll be able to show how the employee violated the rules, and how you gave them every chance to improve.
Under the Civil Rights Act of 1964, employers are prohibited from using first-at-will to discriminate against employees based on race, color, religion, sex or national origin.
Source: HR Daily Advisor
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