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Disciplining And Firing Employees

Perception is Reality - Discipline with violation of the law or not.
Care! Please understand that while some
Disciplining and firing employees is one plaintiff's attorneys will take a "good
of the most crucial areas for case" without a retainer fee, most
consideration as an Employer. As a plaintiff's attorney's will not take a
former plaintiff's counsel, I know that "so-so case" without a substantial fee
the way in which an employee perceives and/or cost retainer. Not all lawyers
his or her final disciplinary action or are ethical, and some, when motivated by
termination meeting is the most a cash retainer, will sue anyone for any
significant factor in determining whether reason. Your treatment of the employee
a lawsuit will be filed. The way these will often determine whether he or she is
things are done will determine the anger willing to "cough up" that retainer fee
level of the employee. Anger is the most or not.
important motivator to push an employee Like a well-traveled road, the road
to a plaintiff attorney's office. leading to the termination of an employee
Believe it or not, most employees, and can be filled with potholes and a virtual
people in general, do not want to go "accident waiting to happen" to those
through the pain of dealing with a lawyer unfamiliar with where the hazards are
and the expense of the litigation located. Too often, the traveler is also
process. This is true even given the so anxious to reach his destination that
fact that the costs for a plaintiff are he forgets to heed the warning signs or
generally much lower than for the to exercise caution, prudence and
employer. patience during the journey. When that
The way an employee is made to feel happens, an accident - or in this case,
during the discipline and termination an administrative charge, a lawsuit, or a
process can make the difference between grievance to contest the termination - is
an employee calling an attorney or not, almost inevitable.
and the difference between an employee There is no way to guarantee that any
simply consulting an attorney for the termination will be without liability.
purpose of finding out his or her rights There are too many "players" beyond the
versus hiring an attorney to sue that decision-maker's control: the terminated
scum-sucking employer of theirs no matter employee, the plaintiff's bar, a court or
what the costs. administrative body, or a jury. However,
If you make an employee feel that he that risk can be greatly minimized if one
needs to regain his dignity or sense of knows the road he is about to travel and
fair play, you will in most cases find drives it carefully, following a few
yourself in litigation whether you have simple "rules of the road.
done something that can be construed as a




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