Successful “Firing” Depends on Successful Hiring

The best defense against a wrongful termination claim is good cause. And a California employer would have difficulty quantifying good cause if performance expectations and measurements are not established in advance, ideally at the time of hire.

It may be counterintuitive for many employers to consider firing someone they just hired, but setting the ground rules early and ensuring new employees understand the company’s policies on grounds for dismissal as well as the exact duties the employee is expected to perform, goals to be accomplished, and measurements for each is critical to an employer’s legal ability to terminate employment and protect against wrongful termination lawsuits.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

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