When Workers Leave FAQ

Questions:

• Are there any rules about when I must give workers their final paychecks?
• How do I give a reference for a worker I had to fire?
• Am I legally required to pay severance to workers when they leave?
• Can we fire our employees for any reason, as long as they work at will?
• How can I make sure I won't get sued by a fired employee?
• How should I decide which employees to lay off?
• Is there anything I can do to protect myself from lawsuits by former employees?

Answer:

How can I make sure I won't get sued by a fired employee?

Well, you can't be absolutely certain you won't get sued, no matter what you do. But there are steps you can take before you fire someone to make sure that you've considered all of the angles. For example, you should investigate the situation for which you're considering termination. You should review the employee's personnel file. And, you should run your decision by another manager -- or, in some situations, a lawyer -- before you carry it out. For more information on the steps to take before firing someone, see Nolo's article Should I Fire an Employee?