There are many reasons why an employee can be dismissed from a role. Everything ranging from misconduct to poor performance is valid enough, but what happens when an ex-employee fights the dismissal and brings a retaliation claim against a company? A difficult situation, but not insurmountable if a company is innocent. Read on to find out how to navigate these claims.
What is Retaliation?
Retaliation is a niche example of ex-employees taking issue with the way their role was terminated. It can be put into action if there are concerns about how a role was ended in specific circumstances. The most relevant example is if an employee made a complaint about the inner workings of an office etc, and was subsequently dismissed. If someone perceives there to be a direct link between this and their termination, there is room for a retaliation claim to be made.
Always Follow Procedure Properly
This is why it is essential to follow the procedure at every twist and turn. If there is evidence, documentation, and a clear timeline, this will all work to rebuff any claim that is brought forward. Avoiding retaliation criteria in the first place is the best way to avoid any negative repercussions.
Know the Law
In order to properly follow procedure, there must be a comprehensive understanding of every and all employment laws in the state. Maintaining professional standards means understanding what is expected in the eyes of the law. Some rules cannot be ignored, and if an employment contract has to come to an end, ensuring this contract is terminated lawfully is non-negotiable. It is especially important to take note of the Wrongful Termination Statute of Limitations California, as this dictates timelines and restrictions around what can and cannot be brought against a company from an ex-employee. A working relationship with an expert attorney will be the best way forward to navigate all of this.
Take Advice
When a business is accused of retaliation, it is time to appoint an attorney. This is not something that can be counteracted or fought without expert input, and nor should it be. With reputation and financials at risk, retaliation must be addressed correctly. Take advice immediately, and follow the instructions to the letter to avoid making the problem worse than it already is.
Let the Truth Speak For Itself
If a retaliation case is brought against the company, then there will be an investigation. Following the advice from an attorney closely, accept what is going to happen, and try to embrace it as much as possible. If there is nothing to hide, then the case will be closed with insufficient evidence and your company will remain intact with a pristine reputation.
When an employment contract is terminated, there is always a risk that a company will be accused of misconduct. Retaliation is a major risk, and it has to be dealt with head-on. Avoiding the problem will only add fuel to the fire, and there are plenty of ways to protect the business so that this accusation cannot be made. Maintain ethical standards and ensure all termination laws are followed at all times.
