No procedure guarantees you freedom from exposure to wrongful discharge liability or, even in the absence of liability, prevention of the filing of a wrongful discharge action by an employee.
Your best defense against such claims is an ongoing, proactive approach that includes well articulated personnel policies and procedures that are consistent with California and federal labor law, and the fair and consistent application of those policies and procedures.
Avoiding a wrongful termination lawsuit begins long before you actually terminate an employee. An error or miscommunication in any part of the employment process, from job applications to interviews to employee handbooks to performance reviews, can open you up to a wrongful termination lawsuit. You must take early action to protect yourself against legal action.
Both state and federal laws prohibit you from terminating employees based on certain characteristics. The fact is that everyone is protected in some way, so it is important to base your decisions to terminate on clearly defensible reasons.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/
