Firing a problem employee is never easy. As unpleasant as any termination situation is, handling it with a difficult employee makes your job all the more challenging. All the same, it’s a necessary part of managing your workforce. At HR360, we’ve been there, and we’re here to help you get through it. firing a problem employee.jpeg

First, do your homework. An employee that is difficult or disgruntled in the workplace is likely to be all the more so when confronted with being let go, and he or she may threaten to sue your company for unlawful dismissal. This is why keeping records is so important.

Always Keep Employee Records:

Be sure to familiarize yourself with federal and state nondiscrimination laws and consult an employment law attorney if necessary.

You can’t afford to make a mistake by inadvertently violating the law. Remember, that employee is LOOKING for a reason to sue—so don’t provide one.


If the employee has threatened litigation, it is always a good idea to consult an employment law attorney who is familiar with your state’s labor laws. You might be spending more money up front to get legal advice, but doing so could save a lot more by helping to prevent a lawsuit which can be very costly.

To learn more about the steps and strategies that can help protect your company from an employee lawsuit in connection with a termination, you should subscribe to our online compliance library.

You can also download the sample checklist below, which outlines a number of topics that an employer should go over when meeting with an employee who is to be terminated.

Download the Involuntary Termination Meeting Checklist

Topics: Termination, Firing, Problem employee

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