Ex-Employee Sues You Without Cause? Justify Your Actions With This Proof
The Internet is full of legal cases involving employees suing employers over discrimination, illegal firings, and many other issues. In addition, a number of state and federal laws protect employees from employer retaliation and other labor concerns. But what about you and your company? Do you have the right to protect your company from an unfair legal suit if the ex-employee says you fired them without due cause? You do, and your business attorney can help you do so. You just need to give your attorney the right proof.
What Proof Do You Need to Give Your Business Attorney?
Any workplace lawsuit can potentially damage your reputation in the business world. But if you have proof to justify why you let an employee go, your attorney may have a better chance of protecting your rights as an employer.
Here are two reasons for letting go of the ex-employee and the proof you need for them:
Repeated Tardiness to Work
If the ex-employee repeatedly arrived late to work, you should have documentation of every warning you gave the person in their employee file. Your payroll office will have this information documented in your accounting and
If the ex-employee received write-ups for not completing assignments on time, leaving work early, or bullying other employers, give this documentation to your lawyer. The documentation may show that the ex-staff member didn't behave properly while on duty, even after you warned them repeatedly about the behavior. Your management team will have this information placed in the ex-employee's file.
Now, if the ex-employee refused to sign the write-ups when asked to do so, you must have documentation of the refusals on the person's file. In this case, a supervisor or manager should have signed the forms stating that the ex-worker refused to acknowledge the write-ups. Even if the ex-worker didn't sign the disciplinary forms, they're still liable for their actions.
What Should You Do Until
Your attorney will advise you on the best course of action to follow until they complete your case. However, avoid any contact with the ex-employee, including answering phone calls and email correspondences. If the ex-worker does try to contact you through these means, tell your business lawyer immediately.
Your company's reputation is very important to you. When you face a lawsuit from a disgruntled ex-employee, hire a business attorney to protect your rights. To learn more, contact someone like Carter West Law firm.