Q: What steps should we take before letting an employee go?

A: Be aware of liability regarding employee treatment and follow the listed guidelines.

Lawsuits alleging wrongful employment practices are one of today's fastest growing areas of civil litigation. You can take steps to reduce your risk.

Anyone in a supervisory role should be aware of the following guidelines:

• Avoid inappropriate or inaccurate comments in an evaluation.

• Identify specific rules or policies that any employee violates and record all violations in the employee's personnel file.

• Don't discharge an employee without the benefit of a thorough investigation.

• Give the employee an opportunity to explain any behavior in question.

• Seek the advice of counsel as soon as the possibility of termination arises.

• Share information about a termination on a “need to know” basis.

If you are a Brotherhood Mutual policyholder, please contact your agent immediately anytime you become aware of a potential employment-related claim. If your agent is unavailable, you should contact the Claims Department directly at 800.333.3371.

Don't discharge an employee without the benefit of a thorough investigation.

Recommended Resources

If you found this information helpful, you might be interested in these other resources from Brotherhood Mutual:

• View sample employee policies in Working Together: A Guide to Employment Practices for Ministries.

• Read about mistaken assumptions that can put you at risk in our article Avoid Church Employment Liability.

• Learn how to handle allegations of misconduct in Good Employment Practices Protect Ministries.

• Find 2020 Fair Labor Standards Act information in our article New Overtime Rule Changes for 2020.

*Important information: Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. The services we offer through Legal Assist are intended to provide general legal information to our current and prospective policyholders.

The information we provide is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.