The Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.
Invalid Reasons To Fire Someone
There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:
- Your employee is a woman or other minority.
- Your employee follows a different religion than you do.
- Your employee is over a certain age.
- Your employee belongs to a different nationality.
Beyond the regulations set by the EEOC, there are additional reasons that may not be used to fire someone. For example, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.
What Conditions Must Be Met In Order To Fire Someone?
In order to rightfully and lawfully terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.
Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone (e.g., copies of emails requesting that a specific task be completed by a certain time).
Contact Us With Questions About Employment Law
Employment law is a complex legal field - one that must be navigated carefully in order to avoid inadvertently creating a challenging situation. Our employment attorney in Osage Beach MO has the skills and expertise you need to protect your business interests as you manage employees. For more information about our employment law services at the Lake of the Ozarks, visit us at www.RGibbonsLawFirm.com.
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Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
No attorney-client relationship is created by the publication of this blog.
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