Firing an employee can be a difficult process for businesses. There are a variety of reasons that you will need to fire an employee, such as redundancies, serious misconduct or poor performance. By not having the proper termination and redundancy procedures in place, you may be exposing your business to potentially damaging legal action by your former employee(s).

When firing an employee it is necessary to have the right legal documents in place to protect your business and minimise any further conflict between you and your former employee(s). With LawPath’s quick quotes service you can engage an experienced employment lawyer to assist with your employment law needs.

What Legal Service do I need to Fire an Employee?

Formal Warning Letter

Before firing an employee it is important to issue your employee a warning letter. The letter should clearly detail the reasons for the warning and outline your expectations for what needs to be done differently. This provides your employee an opportunity to improve their conduct and may be used by your business in any future litigation arising out of the termination.

Final Warning Letter

If your employee fails to improve their conduct after receiving a formal warning, you should send a final warning letter. This letter details the conduct that must be improved and outlines the consequences for non-compliance.

Termination Letter

The termination of any employee should always be set in writing. The termination letter must explain to your employee the basis of their termination, whether it is a result of redundancy, serious misconduct, or poor performance. A written record can help protect your business if any questions or legal issues arise regarding the termination of your employee.

Deed of release

A Deed of Release is to be used upon the termination or redundancy of an employee. This deed is to be signed by the employee, finalising all outstanding issues between the employer and employee. The document will allow you to cover any final payments, releases, confidentiality and warranties by the terminated employee. It will also allow your business to deal with future issues smoothly, such as contractual claims or claims arising out of the termination of employment.

Engage an Employment Lawyer

It is recommended that you seek legal advice with an employment lawyer before firing an employee. There are a number of legal options available to your employee, including commencing proceedings against you and your business for unlawful termination or unfair dismissal.

Hiring an employment lawyer will ensure that the processes undertaken to fire an employee are legally sound, with the right legal documentation in place. An employment lawyer will also provide legal advice on your current employment relationships and review any existing employment agreements of your business.

Final Thoughts

If you are considering firing an employee, it is important to have these documents in place and engage the services of an employment lawyer. To ensure that your business actions are protected you should contact a LawPath consultant today. With LawPath you can connect with an employment lawyer to review your legal documents and processes.

LawPath has access to experienced employment lawyers that can assist you with hiring employees. Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Zachary Swan

Zachary is a marketing co-ordinator at LawPath assisting the content team. With a keen interest in digital media and IP law, he has completed a Bachelor of Law and Communications at the University of Wollongong.