I have 2 employees. Each says the other is creating an unbearable working environment. I know which one is the aggressor and he is the one threatening a lawsuit. I want to fire him. What should I do? He's already making very false claims but he is very threatening and we need him gone.
If you believe that the best decision for your business is to get rid of the troublemaker, you can fire him.
If you want to protect yourself from a lawsuit, document the heck out of everything.
Do nothing until you get specific confidential advice from an employment law attorney who can assist you with this situation. One lawsuit can cost you hundreds of thousands of dollars and threaten your business entirely. Do not act unless and until you can be sure that you are doing the right thing in the right manner.
Good luck to you.
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If the employees have actually filed a complaint, then you policy probably requires you to conduct an investigation (at least it should because that is the way to protect the company from liability). The investigation should be conducted by an HR professional or attorney who knows what they are doing. Once the investigation is complete, you can take action with confidence (whether it is termination or counseling or whatever is appropriate based on the facts). This will protect you and the company. I agree that law suits are very expensive and a little money now can prevent a lot down the road.
Consult with an employment law attorney about the claims your employees are making, including the grounds one employee believes a lawsuit could be filed. Many of us offer phone consultations for convenience. Your fee to an attorney is a tax write off for your business. Find contact info on Avvo.com.
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