More and more often, employers who discipline or discharge an employee find themselves in the midst of litigation over the action. Decisions made by employers during the discipline process can either protect the employer in the event of litigation or build a case for the terminated employee. It is essential that employers handle discipline and discharge in a way that reduces exposure to claims.
Evaluating termination procedures should begin well before an employee is terminated. That is, the employer can begin to protect itself when employees are hired by having them sign a written disclaimer of permanent employment or employment for a specific period of time. The waiver should state that representations to the contrary must be in writing and signed by the employer or a specific officer of the employer, such as the company president or CEO. The disclaimer should also state that employment is at-will.
Employers may consider having employees sign an arbitration or jury waiver clause as a condition of employment during the hiring process. A jury...
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