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How To Avoid Wrongful Termination Lawsuits Asure Software

Bonisiwe Shabane
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how to avoid wrongful termination lawsuits asure software

If an employee is successful at proving constructive discharge, your business may face a five- to six-figure lawsuit. Other than preventing costly litigation, avoiding wrongful termination lawsuits is important because it’s the right thing to do. By preventing and investigating harassment and discrimination in your workplace, you create an environment that is safe for everyone. As a result of your efforts, you can also decrease the odds of having and losing a wrongful termination lawsuit. In a landmark case involving the National Labor Relations Board (NLRB), constructive discharge was first created as a legal doctrine. Back then, employers in the 1930s used harassment and intimidation to get employees to quit rather than having to fire them.

In the 1938 Foods v. NLRB case before the Supreme Court, this method of effectively firing workers was deemed illegal. In a Mission to Grow podcast on avoiding wrongful termination lawsuits, Brian J. Shenker, principal in the Long Island, New York, office of Jackson Lewis P.C., talked about constructive discharge in the United States today. According to Shenker, “The Supreme Court has defined this doctrine as an employee’s reasonable decision to resign because of unendurable working conditions so that it’s equated with a formal discharge by the employer.” The Equal Employment Opportunity Commission (EEOC) defines a constructive discharge to be any time when you’re effectively forcing an employee to leave by making work conditions so intolerable that they can’t stay.

To fit the doctrine of constructive discharge, three key facts must be true. Unlawful terminations are a prevalent reality in many industries. It happens when you fire an employee for an illegal cause or when the dismissal doesn’t adhere to termination policies. Other than Montana, all states in the US follow an at-will employment system. It’s the default employment arrangement where employees can leave their jobs anytime, and you can terminate them for any reason and at any point. Unless the employment contract specifies the termination causes, both parties can end it for any or no reason without incurring legal liability.

But not all terminations in at-will employment arrangements are legal. In certain situations, terminating an employee could violate a state or federal law. Lawsuits involving wrongful terminations can be costly, regardless of whether or not you win the case. Alistair Vigier of Clearway says that “Terminating an employee is hard enough without the additional stress of dealing with wrongful termination lawsuits. Too often, many employers expose themselves to unnecessary liability. This article highlights some tips to help you avoid legal liability for wrongful terminations.”

Accusations of wrongful termination can be a significant liability for the company, exposing it to potential reputational and financial damage. For this reason, taking proactive steps to prevent it is essential. Wrongful termination lawsuits can be costly and damaging to your company's reputation. But with the right policies in place, they’re entirely preventable. Learn how to safeguard your business and your team with these best practices.—Check out Asure Software's blog for more information: https://hubs.la/Q02N2N1J0 #Asure #HRCompliance In a perfect world, employees perform optimally, enjoy high job satisfaction, and stay with one company until retirement.

This type of perfection rarely exists. According to the U.S. Bureau of Labor Statistics, the median employee tenure with a single company is 3.9 years. While some staff members resign voluntarily, others are involuntarily terminated. Improper or illegal terminations expose companies to consequential legal issues and financial risk. Employers must attempt to close all possible doors to post-termination litigation to avoid lengthy and expensive legal battles, adverse publicity, and any detrimental impact on employee morale.

Make sure your employees understand their job responsibilities, the company’s policies and code of conduct, any performance issues, and ways to improve their performance. That said, the most important way to avoid litigation is by adhering to all applicable federal, state, and local laws concerning employment. Never fire an employee for an improper or illegal reason. Doing so leads to accusations of discrimination, retaliation, or breach of contract. Emotions run high following an involuntary discharge and some ex-employees are just looking for a fight. While nothing can totally bar former workers from pursuing legal action, employers can take steps to take the wind out of these individuals’ litigious sails.

Get a free trial of Practical Law, the how-to resource with termination best practices, protocols and practical tips for employers on legal risks. The best way to escape a lawsuit it to avoid its inception. Implementing and following proper termination practices minimizes the risk of encountering a wrongful termination claim. Before initiating a dismissal process, employers must understand all applicable federal and state employee termination laws and policy requirements. To protect confidentiality, only include critical individuals in discussions. Last Updated on May 30, 2025 by Dave Schoenbeck

If an employee suspects they have been discriminated against, they may be able to file a lawsuit for wrongful termination, even if the position was at-will. This means it’s vital for every business owner to know how to avoid a wrongful termination lawsuit. Even if you know your reason for firing that employee was justified, you might have to prove that in a court of law. It’s much better to put systems in place to prevent things from ever getting that far. Here’s what you need to know about how to avoid a wrongful termination lawsuit for your business. The first step in avoiding a wrongful termination lawsuit is understanding your company’s disciplinary policy.

You need a multi-step plan to handle disciplinary action and document it in case you need to reference it later. While the steps might vary for your business, here’s a general outline of how the process should look: Step 1: Verbal warning. Discuss the issue privately with the employee, citing company policy if necessary, to ensure they’re aware of where they fall short. There should also be a written note added to the employee’s file about this conversation, which the employee should sign. In today’s workplace environment, avoiding wrongful termination lawsuits is crucial for both employees and employers.

Employers should prioritize clear documentation of performance-related issues and maintain open lines of communication with employees. This proactive approach not only safeguards against legal disputes but also fosters a positive workplace culture. Understanding the legal landscape surrounding termination is essential. Employers must be aware of local labor laws and ensure that their practices align with these regulations to minimize the risk of litigation. By implementing fair and consistent policies, they can better protect their organizations from potential claims. Training managers and HR personnel on best practices can further reduce risks.

Equipping them with the tools to handle employee grievances effectively can prevent misunderstandings that may lead to costly lawsuits. Taking these steps is vital for maintaining a healthy work environment and ensuring legal compliance. Wrongful termination covers various illegal employment practices. It can happen when an employee is let go for discriminatory reasons or in violation of established laws or regulations. Recognizing what constitutes wrongful termination is crucial for both employees and employers. Wrongful termination occurs when an employee is fired in violation of federal or state laws, contractual agreements, or public policy.

Examples include dismissals based on discrimination due to race, gender, age, or religion. Additionally, it can apply when an employee is terminated for exercising legal rights, such as reporting illegal activities or filing for workers’ compensation. Join us for a crucial webinar on “Avoiding Wrongful Termination Lawsuits – Understanding Constructive Discharge” featuring esteemed expert Brian J. Shenker, of counsel at Jackson Lewis P.C. in Long Island, New York. In this session, we will explore the concept of constructive discharge, where an employee is compelled to resign due to intolerable working conditions.

Gain insights into the 3-part test used to determine if constructive discharge is illegal and understand the nuances of fair and legal “forced” resignations. Our expert panelist will address the gray areas surrounding constructive discharge and provide valuable guidance on creating a supportive work environment. Don’t miss this opportunity to mitigate the risk of wrongful termination lawsuits and foster a positive workplace culture. Avoid wrongful termination lawsuits. What is constructive discharge? My name is Mike Vannoy.

I’m the Vice President of Marketing at Asure. And this is a really important topic that we’re gonna unpack today. This, this notion of constructive discharge. It’s a legal term. And, and I think this is what trips people up, because so many employers work in, say, an at-will state, that they think if there’s, you know, whatever reason is justifiable to them. They’re not trying to be inhumane but they can terminate employment.

But there are some, some, some legal constraints here. And just because you can terminate someone against their will doesn’t mean that they can’t sue you for any reason they want for wrongful termination. And constructive discharge is one of the most common reasons that people sue for wrongful termination. So to help me unpack this topic today’s guest, if you’ve regular tender of the show, you know, Brian, Brian Shenker. He is a counsel at of the Long Island New York office of Jackson Lewis pc. Brian’s practice focuses on representing employers in a wide range of workplace matters, as well as preventative advice and counseling.

Brian has extensive experience defending class action and collective action lawsuits under federal, state, and wage and hour laws. He has successfully defended wage and hour audits conducted by the US and New York State’s de depart state departments of labor. And Brian regularly handles cases before courts and administrative agencies involving claims of discrimination, sexual harassment and retaliation. Brian, welcome back to the show. Thanks, Mike for having me. Yep.

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