Wrongful Termination Claims in Season | Barrett & Farahany

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Tis the Season for Wrongful Termination Claims

Tis the Season for Wrongful Termination Claims

Given the tough fiscal year for many companies, employers may be looking to cut costs and balance the books. One way they’ll do this is by letting go of employees, even on the cusp of the holiday season.

Todd Stanton, principal of Stanton Law, and Amanda Farahany, managing partner at Barrett & Farahany, understand that employers will face hard decisions this season. That’s why they published their thoughts in an article for the Fulton County Daily Report (subscription required to view full article)—and instructed employers on the right way to handle them.

Here’s some of the guidance Todd and Amanda gave employers, provided here so that you may know what responsibilities a good employer has.

Employers shouldn’t delay

Waiting until the end of the year to terminate an employee is just wrong. If an employee needs to let someone go, Todd and Amanda urge employers to make the decision sooner than later. A delay only opens the door for controversy and misunderstanding.

Employers should document everything

In the article, Todd and Amanda tell employers that they have an obligation to document the process and show that they’re not making a wrongful termination.

For instance, say an employee is late for work on December 15. Their boss doesn’t want to fire them because it’s almost Christmas, so they wait until after the holidays. That’s fine, but they should still write down when the violation occurred, when they made their decision and why they decided not to act promptly.

Employers should have empathy

Todd and Amanda also urge employers to see things from the employee’s perspective. For instance, the COVID-19 pandemic means that unemployment rates have skyrocketed. The pandemic has also increased the general stress employees may be feeling. When both sides – employer and employee – understand where each is coming from, it’s healthier for everyone.

Were you wrongfully terminated?

There’s a big difference between a termination that’s warranted or wrongful termination. And there’s a lot of gray area between the two.

If you believe you were fired in an illegal manner, please do not hesitate to get in touch with the experienced team here at Barrett & Farahany.

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