Carmagnola & Ritardi, LLC | Attorneys At Law

Experienced Employment Defense For New Jersey Businesses

Experienced Employment Defense For New Jersey Businesses

Written discipline protects against wrongful termination claims

On Behalf of | Sep 23, 2020 | Firm News

Firing a worker is never easy, but some people make the process an absolute nightmare for the company that used to employ them. Individuals angry about the loss of their job or perceived unfairness on the part of the company may go to extreme lengths to get back at the business that used to employ them.

Filing an unfounded wrongful termination lawsuit is a way to deplete a company’s resources and possibly tarnish their reputation. If you don’t fight back against a former employee filing such a claim, there could be financial losses as well. The best way to protect your business from such claims is to carefully document the reasons that lead to someone’s termination.

Written disciplinary records show a pattern of behavior

Verbally reprimanding an employee does not carry the same psychological gravitas that a written reprimand has. Requiring staff members to sign and acknowledge such a reprimand can be a strong motivator for them to improve their behavior or their performance.

Written discipline doesn’t just let a staff member know that their behavior has put their job at risk. It also creates a critical trail of documentation regarding a worker’s attitude problem, performance issues or chronic tardiness. The written report should include enough details to make the issue clear and show how the problem violates company policy.

If a worker then tries to claim wrongful termination or some form of discrimination, your business will have evidence that not only were they notified of the issue with their behavior, but they continued to demonstrate the same issue repeatedly afterward.

The right documentation and inclusions in your employment contracts are critical to your company’s protections, which is why getting help creating, updating and maintaining those documents is also important.