Firing an employee: When do you need an Employment Lawyer to review the situation?

 Even if you are one of the most conscientious employers, you may occasionally need the help of a lawyer.  Some issues are specifically tricky and require legal expertise to handle matters. But some are easy to manage by yourself. It means you don’t need a lawyer whenever you evaluate, discipline, or fire an employee. So, how do you know when is the best time to consult an employment lawyer?

If you are unsure whether or not you need expert advice, this article can guide you. Read up to the end and understand when you need an employment lawyer.

Is Your Decision to fire an Employee Right?

Following are some of the many situations when you must consider having an employment lawyer by your side to understand if the decision to fire is right.

• The employee has an oral or written employment contract limiting your right to fire.
• The employee believes that he/she has an implicit employment contract that limits the right to get fired.
• The employee has stock options, benefits, or retirement money that is due to vest soon. 
• The employee has recently complained of unethical or illegal activity on the job site or filed a claim or complaint with a government agency.  
• The worker has just filed a complaint of harassment or discrimination.
• Firing a particular employee might dramatically change the demographics of your workplace.
• The worker has recently been revealed to be in a protected class, such as has a disability, is pregnant, or practicing a particular religion.
• You doubt potential vandalism, sabotage, or violence by the employee you want to fire.
• The employee has access to the competitive information or high-level trade secrets of your company.
• The worker denies the act(s) for which you want to fire him/her even after the investigation.
• The worker has hired an employment lawyer to represent him/her in order to deal with you.

Hiring an Employment Lawyer

Now that you know when you need an employment lawyer - don’t overlook when a similar situation arises. HTW Law is there, supporting employers with the best advice when they need them. Visit htwlaw.ca and get details.