The Role of HR In Preventing Wrongful Termination

Wrongful termination occurs when an employee is fired for reasons that violate employment laws. It's a terrible experience that can leave you feeling angry, betrayed, and uncertain about your future. 

 

Fortunately, you don't have to suffer in silence or accept injustice. If you've been wrongfully terminated, don't hesitate to meet a wrongful termination lawyer for legal counsel.

Causes Of Wrongful Termination

Wrongful termination is illegal in the U.S. Sadly, it's prevalent even with all the measures to prevent it. Here are the common culprits behind wrongful termination:

Discrimination

Whether it's based on race, gender, age, religion, or any other protected characteristic, discrimination in the workplace is illegal and can lead to wrongful termination. If an employer fires an employee because of their protected status, they are breaking the law.

Retaliation

Sometimes, an employee will speak up about something they believe is wrong in the workplace, such as harassment, safety violations, or fraud. If the employer retaliates by firing the employee, that's wrongful termination. Employees have the right to report issues without fear of losing their jobs.

Breach of Contract 

If an employer has a contract with an employee that specifies the terms of employment, such as duration or grounds for termination, they must abide by those terms. If they don't, they could be guilty of wrongful termination.

Whistleblowing

Similar to retaliation, if an employee reports illegal or unethical behavior by their employer to the appropriate authorities, they are protected by law from retaliation, including termination.

FMLA Violations

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for certain medical or family reasons. If an employer fires an employee for taking FMLA leave or interferes with their ability to take it, that's wrongful termination.

What's The Role of HR In Preventing Wrongful Termination?

Human resources departments play a crucial role in ensuring organizations uphold ethical practices, and one of the areas where HR can make a significant impact is in preventing wrongful termination. 

 

Wrongful termination can have dire consequences on employees, including financial distress, loss of reputation, and emotional distress. Here are five ways HR can help prevent wrongful termination:

Developing Clear Policies and Procedures 

HR can create clear policies and procedures that outline the conditions under which an employee can be terminated. These policies should be communicated to employees, so they understand what behavior and performance issues could lead to termination.

Training Managers on Employment Law and Best Practices 

Managers have a significant role to play in the termination process. HR can provide training to managers on employment law, including:

• Anti-discrimination laws, and
• Best practices for terminating employees. 

 

Once trained, managers will understand the legal and ethical implications of their actions. Also, they'll be better equipped to handle termination situations.

Conducting Thorough Investigations

HR should conduct thorough investigations when performance or behavior issues arise. Investigations should be conducted objectively and without bias, and all parties involved should have an opportunity to provide their side of the story. By conducting a thorough investigation, HR can ensure that the decision to terminate an employee is fair and justified.

Providing Support And Guidance To Employees 

HR can provide support and guidance to employees who are struggling with performance or behavior issues. This support can come in the form of coaching, counseling, or training. By providing employees with the resources they need to improve their performance, HR can help prevent termination and retain valuable employees.

Implementing a Grievance Procedure 

HR can implement a grievance procedure that allows employees to challenge a termination decision. This procedure should be transparent and provide employees with a fair hearing. By providing employees with an opportunity to challenge a termination decision, HR can ensure that terminations are not made hastily or without due consideration.

Remedies For Wrongful Termination

The remedies for wrongful termination can include:

Reinstatement

This remedy involves the employer rehiring the employee and restoring them to their previous position with the same salary, benefits, and seniority.

Back Pay

The employer compensates the employee for lost wages and benefits from the time of termination until the present day.

Front Pay

If reinstatement is not feasible, front pay provides compensation for future lost wages and benefits that the employee would have earned had they not been terminated.

Compensatory Damages 

The employer compensates the employee for any emotional distress, pain, suffering, or other damages that resulted from the wrongful termination.

Punitive Damages 

In some cases, the court may award punitive damages to punish the employer for their wrongful conduct and deter them from engaging in similar behavior in the future.

 

HR departments can adopt the discussed measures to prevent wrongful termination. These proactive steps can help HR create a fair and just workplace where employees are valued and treated with respect.