EmploymentQuestion 1028 of 1605
To reduce the risk of a wrongful-termination claim when firing an underperforming employee, the best practice is to:
a.Delay all documentation until after the termination
b.Give a false reason to spare the worker's feelings
c.Fire the worker by text message with no explanation
d.Maintain honest, contemporaneous documentation of performance problems and warnings
Explanation
Consistent, truthful documentation of performance issues, warnings, and the reasons for termination is the strongest defense against a wrongful-termination or discrimination claim. Pretextual or shifting explanations, by contrast, are evidence that the real reason may have been unlawful.
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