When an employee engages in misconduct, whether a minor infraction or a serious violation, your first step as an employer might be to provide guidance and support. If that does not work, you may need to let the employee go to protect your business.
In New York, employment is generally “at-will.” This means employers can terminate employees at any time as long as it is not discriminatory or retaliatory. Still, wrongful termination claims can and do occur.
Why documentation matters
Your defense against potential wrongful termination accusations depends on how you manage and record the situation. Having a paper trail of your former employee’s misconduct can benefit your case because:
- It creates a clear record of events
- It justifies disciplinary actions
- It protects your business in legal disputes
- It ensures fair treatment of all employees
- It demonstrates compliance with state and federal laws
If you can show a clear pattern of the employee’s behavior and prove that your decision to fire them was not unfair or discriminatory, you can have a stronger defense.
Otherwise, legal consequences can include reinstatement of the employee, injunctive relief and payment of monetary damages, fines and penalties. These, on top of the damage that such allegations can bring to your business reputation.
Hope for the best, but prepare for the worst
When documenting misconduct, make sure to include the incident’s date, time and location and a detailed description of what happened. Were disciplinary actions taken, such as verbal or written warnings and suspensions? Do you have any relevant evidence, including emails, videos or witness statements? If provided, the employee’s response or explanation can strengthen your case too.
It is wise to talk to an experienced attorney when facing a wrongful termination claim or having concerns about employee misconduct. Your records are your most powerful allies, and with strong legal representation, you can protect your business and focus on more productive matters.