ABSTRACT

To avoid litigation, it is not enough to hire the right people and to have the right policies. A manager must also be able to follow procedures that act as safeguards against lawsuits. It is expected that a manager will:

Be consistent in his or her management style

Consult the human resources department, his or her supervisor, and the company's attorney before terminating an employee with poor performance who has also filed a worker's compensation claim

Have a witness present when terminating an employee

Keep his or her supervisor and/or human resources representative informed of the discipline process and possible termination

Openly explain the reasons for the termination to the employee

Offer severance packages with clear explanations of health care benefits, as well as outplacement services and counseling

Consult an attorney throughout the process if termination of a particular employee seems risky