You can fire anyone, anytime, for any reason or no reason. That’s heady stuff for any manager, but it’s dangerous to think that way.
First of all, is it true? Can you fire anyone for any reason or no reason? In most states, including California, absent a contract to the contrary, most employees are “at will.” So, yes, legally, you can exercise that power. But should you? It’s never wise.
To get your managers to understand the dangers of at-will firings, make sure they think ahead a few steps and imagine themselves talking to an investigator or a jury.
‘I fired you for no reason’
Why did you fire Jim?
No reason.
Unfortunately for the “no reason” manager (and his or her company), juries assume that business people behave rationally, and they aren’t going to believe that someone was fired for no reason.
I fired you because I don’t like yellow sweaters.
The same reasoning applies to frivolous reasons for terminations. Technically, you can fire at-will employees for any reason, but again, the jury or investigator isn’t going to buy it.
So they are going to look for the real reason, and what are the possibilities? Only one. The reason that the employee has advanced.
Employees don’t like to be fired. And if the company says it’s for no reason, they aren’t going to believe it either. They’ll look for a reason, and, unfortunately, most of the reasons they find are illegal.
Terminations and more, covered in-depth at the California Employment Law Update conference.
The person is a member of a protected class:
You fired me because of my race.
You fired me because of my religion.
You fired me because of my national origin.
You fired me because of my gender.
You fired me because I’m pregnant.
Or the person has taken a protected action:
You fired me because I made a safety complaint.
You fired me because I complained to EEOC.
You fired me because I am trying to organize a union.
Or the person has refused advances:
You fired me because I wouldn’t go out with you.
You fired me because I broke up with you.
In any of these cases, the jury has a fairly easy choice: Either they accept that the manager fired the person for no reason or a silly reason, or they accept the reason advanced by the employee. The employee’s reason is going to seem more likely.
Don’t miss our comprehensive terminations workshop at the California Employment Law Update conference this fall—specifically for California employers!
A valid reason is advanced, but there is no evidence to back it up
Another typical scenario is that the company advances a good reason for the termination, but there is no documentation to back it up. Because juries assume rational behavior in companies, they assume a smoothly operating documentation system. When there’s no documentation, once again, it’s back to what the employee alleges.
Note to HR managers: Experts recommend that you eyeball documentation before acting. Many times the manager says, “Oh, yes, I have it well documented,” but when push comes to shove, actual documents can’t be found.
In tomorrow’s CED, more on “I fired you for no reason.”
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