Damage Control

Perhaps you had an argument with an employee or you caught a worker stealing or damaging property and you ignored all the expert advice and fired the employee impetuously. What should you do now?

The answer depends on the worker’s previous history with your company. You can start by going through the worker’s file to see if you have enough documentation (of previous violations of rules or of poor performance reviews) to justify your action. If you do, you'll have a defense ready in case the worker decides to sue you.

If you have little or no documentation of previous problems with the worker, the safest course of action would be to call him or her, say that you acted too quickly, and offer to reinstate the worker. If he or she refuses, you have just transformed the firing into a voluntary resignation, so your possible liability has decreased dramatically. If the worker agrees to come back, you'll naturally keep a watchful eye on him or her. Hopefully things will improve; if not, document any problems before you repeat your hasty conduct.

If you don't want to take the worker back, perhaps because his or her conduct was so appalling that it would justify firing in itself, or because you feel your ability to work together has been destroyed, you should first gather and save any available evidence that supports your version of what happened.

Then, after reviewing the evidence, you have a choice. You can wait and hope the situation resolves itself, or you can try to work out a deal with your ex-employee. You might agree to provide some severance benefits to the worker, in exchange for a signed release form that waives his or her right to sue you.