How Can Employers Defend Against Wrongful Termination Claims?
A wrongful termination claim can be stressful and disruptive for any employer. Not only does it raise questions about your company’s reputation, but it can also affect workplace morale and create financial strain. Employers often feel blindsided, especially if they believed they acted within the law.
These cases aren’t just about legal defense; they’re also about protecting the culture you’ve worked hard to build, maintaining trust with your employees, and avoiding long-term consequences that extend far beyond the immediate claim.
At Myers Longhofer, our experienced attorneys help employers protect their businesses while handling wrongful termination claims with care and diligence. Located in Overland Park, Kansas, we serve clients in Kansas City, Missouri, as well as Johnson County, Olathe, Leawood, and Shawnee, Kansas. Whether you’re a small business owner or a larger company, we work with you to create a defense strategy that reflects your goals and safeguards your future. Contact us today to discuss your case and your options.
What Constitutes Wrongful Termination?
Not every firing that feels unfair to an employee qualifies as wrongful termination. Instead, wrongful termination typically occurs when an employee claims they were fired in violation of employment laws or contractual rights. Some common allegations of wrongful termination include:
Discrimination: Termination based on protected categories, such as the employee's race, gender, age, disability, or religion.
Retaliation: Firing an employee after they filed a complaint about discrimination, harassment, or safety violations.
Violation of employment contract: Ending employment in a way that contradicts the terms outlined in a written or implied agreement.
Public policy violations: Firing someone for reasons that go against established public policy, such as refusing to engage in illegal activity or exercising legal rights.
Remember that even “at-will” employment has limits. While Kansas and Missouri generally follow at-will employment principles, exceptions apply when laws or contracts are involved. Recognizing these boundaries is the first step in preparing an effective defense.
How to Prevent Wrongful Termination Claims
If you are considering terminating an employee, it's essential to take steps to protect your company if the terminated employee decides to pursue legal action against you. Some ways you can prevent wrongful termination claims include the following.
Document Your Employment Decisions
The strongest defense against wrongful termination claims is clear, consistent documentation. Without records, disputes often boil down to one person’s word against another’s, which can leave the courts and agencies to interpret credibility.
You should maintain detailed files that reflect both the employee’s performance and your reasoning behind termination decisions. The key records you should keep include:
Performance reviews: Objective assessments that highlight strengths, weaknesses, and areas for improvement.
Disciplinary actions: Written records of policy violations, warnings, and any steps taken to address behavior.
Attendance records: Absenteeism or tardiness logs that show patterns of conduct.
Termination notice: A clear explanation of why employment was ended.
When presented in court or during mediation, this documentation can help demonstrate that the termination was lawful and based on legitimate business reasons. It also shows consistency in treatment, which is crucial in preventing discrimination or retaliation claims.
Establish Clear Termination Policies
Another effective defense strategy lies in having clear, written employment policies. Policies set expectations for employees while also providing you with a clear reference point when making disciplinary decisions. Some key employment policies to consider include the following.
Anti-discrimination and anti-harassment policies: These help demonstrate commitment to compliance with federal and state laws.
Performance standards and disciplinary procedures: Clear expectations enable employees to understand what is required and the consequences of not meeting them.
Termination procedures: These outline the steps involved in ending employment and maintain consistency across all employees.
Complaint reporting procedures: These offer clear ways for employees to voice concerns, which helps reduce claims of retaliation.
By applying policies consistently across your workforce, you can demonstrate fairness and transparency. This reduces the likelihood that a termination will be perceived as unlawful and strengthens the defense if litigation arises.
Communicate With Your Employees
Many wrongful termination claims stem from employees feeling blindsided or mistreated. You can minimize these risks by practicing open and professional communication throughout your employment relationship. The key communication strategies your company should consider include the following.
Providing regular feedback: Giving employees constructive guidance throughout their employment rather than waiting until termination.
Offering progressive discipline: Allowing employees an opportunity to improve after a warning before termination.
Utilizing respectful termination meetings: Clearly and calmly explaining the reasons for termination in a professional setting.
By treating employees with dignity, you can reduce the likelihood that a termination will escalate into a lawsuit. Even when an employee disagrees with a decision, respectful communication often helps lower the emotional intensity of the situation.
Employ Performance Improvement Plans
Performance improvement plans (PIPs) can provide strong evidence that an employer gave an employee a fair chance to address issues before termination. The courts often view PIPs as evidence of good faith by the employer. A well-designed PIP should include:
Specific goals: Clearly state the behaviors or results that need improvement.
Time frame: Provide the employee with a defined period to demonstrate their progress.
Support offered: List the resources, training, or mentorship available to the employee.
Consequences of failing the plan: Explain that continued issues may result in termination.
By using PIPs, you can show that termination wasn’t arbitrary but followed a structured and reasonable process. This can significantly weaken a wrongful termination claim.
Seek Legal Guidance Before Termination
Sometimes, the best defense starts before termination even occurs. Consulting with an experienced employment lawyer before finalizing a termination decision can provide you with significant legal insight into your choices. Some reasons to seek legal advice include:
Evaluating risk: A lawyer can assess whether a termination may lead to a potential claim.
Compliance review: An experienced employment attorney can make sure that the termination aligns with state and federal employment laws.
Policy consistency: A lawyer can confirm whether the decision aligns with your company's policies and past practices.
Documentation review: An attorney can review your records to make sure they are sufficient and accurate in the event of a claim.
By seeking guidance ahead of time, you and your business can reduce the chance of making mistakes that could later be used against you in court.
How to Defend Against Discrimination Claims
Discrimination allegations are among the most common bases for wrongful termination lawsuits. Defending against these claims requires a combination of documentation, policy application, and consistency. Some of the ways you can defend against a discrimination claim include:
Consistent enforcement of policies: Show that all your employees are held to the same standards throughout your company.
Objective performance metrics: Demonstrate that your employment decisions are based on measurable factors rather than subjective opinions.
Comparison data: Provide evidence that all other employees with similar issues were treated the same way.
Training records: Show that your managers and supervisors received training on discrimination laws and fair employment practices.
Presenting clear, objective reasoning supported by evidence can put you in a stronger position to defend against allegations of bias or unfair treatment.
How to Handle Retaliation Allegations
Employees sometimes claim they were terminated as retaliation for reporting misconduct, safety violations, or discrimination. Retaliation claims can be particularly challenging, as timing often plays a significant role in these cases. Some common defenses for retaliation claims may include:
Documented reasons for termination: Show that the termination decision was unrelated to the protected activity.
Timeline evidence: Demonstrate that the issues leading to the employee's termination predated the protected activity.
Consistent disciplinary history: Prove that the employee’s performance or conduct was an ongoing concern.
Alternative remedies offered: Show that you addressed the complaint appropriately while also addressing separate conduct issues.
Always handle employee complaints seriously and document their response. This not only reduces the likelihood of retaliation claims but also strengthens credibility in the event of litigation.
Contact an Experienced Lawyer
Wrongful termination claims can place enormous pressure on employers, but with the right defense strategies, you can protect your business and move forward with confidence.
At Myers Longhofer, our experienced attorneys, Rachael D. Longhofer, James D. Myers, Michael Lydon-Lorson, and Sarah C. Stevens, work closely with employers to develop effective defense strategies that reflect each client’s goals.
If your business is facing a wrongful termination claim, don’t wait until matters escalate further. Located in Overland Park, Kansas, we serve clients in Kansas City, Missouri, as well as Johnson County, Olathe, Leawood, and Shawnee, Kansas. Contact us today to discuss your situation and explore how we can help protect your company’s future.
