If you are being accused of violating employment law, such as wrongful termination, it's essential to investigate the claim thoroughly to find out its merit. If you have terminated the employee because of poor performance, you can use this as a reason for letting the employee go. But if you fired them for any other reason, and your employee alleges that they were wrongfully terminated, an employer defense attorney can help you determine whether this is true and can help you prepare a legal defense.
How At-Will Employment Works
Some states have at-will employment, which means that an employer is free to fire an employee for any reason as long as the cause is not illegal. One example of an unlawful reason to terminate an employee is if they refuse to engage in an illegal activity. They might also allege that they attempted to blow the whistle on the unlawful activity, which was the reason for the termination.
Investigating the Facts of the Case
It's essential to find out whether the activity was illegal or not. For example, your employee might argue that you instructed them to violate a safety regulation. You would then want to determine whether the rule applied under those circumstances and whether they were told to disregard it.
The employment attorney will interview you and the witnesses who oversaw the incident and the employee's termination. For example, if a manager working for you handled the process, they will be interviewed by the employment attorney.
How to Resolve Your Wrongful Termination Case
If you and your attorney dispute the facts alleged, you can fight a legal battle with your former employee. To combat the case effectively, you must gather thorough evidence that can be presented in court.
However, you also have the option to settle to avoid a trial that could benefit your company by avoiding the impact a trial might have on PR. You will also be able to prevent the discovery process and the time and money it takes to fight a legal battle.
The Best Alternative to a Trial
If negotiation is not possible, your case may go to mediation. If so, a neutral third party will oversee your case and help you settle it. A mediator can be helpful because they can see the situation from a fresh perspective. Still, your employment attorney must help you through the process so you can help them understand the facts of the case.
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