2torial #0955:
Learn2 Terminate an Employee (continued)

Build a case

If you do hire a lawyer, he or she is bound to tell you to gather evidence before a termination. You may never have to present it to a court of law, but at least you'll have your bases covered. The key here is to maintain proper documentation. Be especially careful to document the following:

Under-performance or misconduct. Proving a pattern of poor performance, rather than just a single, minor incident, is especially effective. Take particular care to document the final action that led to termination.

Employee understood stated policies. Evidence might include a signed job application, employment contract, or employee handbook.

Warnings. Show that you have warned the employee and attempted to remedy the situation.

Performance reviews. Past performance reviews help back up your assertions by indicating that problems were long-term. If you don't currently provide regular reviews, consider doing so.

And by all means, don't invent documents after the fact. It will cast doubt over your entire case.