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M A R C H 2 0 1 5 | O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E
sexual or other forms of harassment. Even though employees may not
overtly complain of a hostile work environment, any such hijinks
must be strictly avoided. It's not uncommon in employment lawsuits
for former employees to allege that they hadn't complained about mis-
treatment due to the fear of retaliation by their employer.
• Get the facts straight. Review prior performance reviews and per-
sonnel files of the employee at issue to make sure that this written
documentation aligns with the reasons for discharge that you're com-
municating to the employee.
• Take the high road. Keep in mind, also, that it is possible to mishan-
dle an employee's termination even when the decision to terminate is
justifiable. For example, a supervisor may communicate the decision
to the employee in an insensitive manner or unwittingly disparage the
employee while
announcing the action
to his co-workers. This
can easily jeopardize
the ability to defend
the decision before a
jury, and the resulting
settlement may
exceed the true value
of the case. To avoid
such scenarios, it's
best to consult with
your legal counsel
before initiating a ter-
mination.
— David Bernard
