The vast majority
of states operate under the "at-will" doctrine of employment, which
gives both employers and employees the right to terminate a working
relationship at any time, for any reason - or for no reason at all.
But the at-will
doctrine often provides supervisors with a false sense of security: "Hey,
we're operating on an at-will basis here. If I want to fire 'em, I fire 'em. I
don't need a reason."
That's only true
up until the point that the employee actually sues for discrimination or
retaliation, or any number of other possible violations.
When the
employee's attorney asks the manager why the person was dismissed, the manager
answers, "I didn't have a reason. I didn't need one. He was an at-will
employee, so I was within my rights to fire him."
What happens next
is a classic case of filling in the blanks ... to suit your own agenda.
Since the manager
left the reason for the firing essentially "blank," the lawyer simply
begins filling in that blank with past interactions between the employee and
the manager, portrayed solely from the employee's point of view and tilted in
the employee's favor.
And because the
manager has no documentation and no stated reasons for the firing, it's very
hard to counter whatever bias allegations the employee might be claiming.
It's the
plaintiff's attorney's job to create the suspicion of discrimination in the
minds of jurors. In the courtroom, years after the encounters have occurred,
that's not hard for a good lawyer to do if the manager has no documents
supporting his or her actions.
And that's why
employers are well-advised - even in at-will situations - to not only establish
good reasons for firing an employee, but to be sure to create the critical
documentation that backs up the decision.
DIGGING DEEPER
Yes, managers can
terminate problem employees. In fact, problem employees make it easy, but managers
still need to follow some basic rules. For the right way, read the Executive
Report: Terminating Without Fear – What Employers Need to Know
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