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How to Protect Your Business From Wrongful Termination Cases

Johnstone Adams • July 12, 2022

Wrongful termination is something nobody wants to think about. When you hire a new employee, chances are you are excited about the potential the person will bring to your business, and the long tenure they will have at your company.

Their employment started great, but then the relationship soured. They started having performance issues and you had to fire them. You were sad to see them leave your company, but when they packed up their desk and walked out the door, you thought that was the end – until you received a wrongful termination lawsuit.

While a lawsuit likely won’t occur after every termination, it can happen. And when it does, it can put your business at risk. You can avoid these lawsuits by working with an attorney to ensure you are taking proper precautions to avoid wrongful termination cases.

What Is Wrongful Termination?

Wrongful termination involves firing a person for an illegal reason. This can include a violation of federal or state anti-discrimination laws — including if it’s due to their race, religion, age, sexual orientation, disability, or pregnancy status. It can also include other reasons, like a contract breach.

Ways To Protect Your Business

To avoid wrongful termination cases, it’s essential to work with a business attorney. A lawyer can advise you on when you can end employment for an individual, and what processes must be followed.

Some ways a lawyer will help you include:

  • Create and document detailed termination policies. This includes a list of infractions that can lead to firing. These policies should be provided to all employees and easily accessible.
  • Establish a process for documenting infractions, including tardies or absences. This should also include who is allowed to write up the infraction, and what happens to documents. It should also be established as to what happens if a certain number of infractions are received.
  • Perform regular performance reviews to make employees aware of any issues and identify areas where they need to improve. This allows management to document if the employee is not meeting expectations.
  • Create a handbook of workplace policies. This needs to be given to all employees. A process should be established to ensure each staff member reads and acknowledges the policies. They can then be held accountable for adhering to the policies.
  • Provide you with guidance on what to do after terminating an employee. This can include offering to help them find another job, willing to give them a recommendation, or other means to ensure they are leaving on good terms. This can make them less likely to pursue legal action.

​ Why Hire Us

When you need a business attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

 

To get started. contact us at 844-682-7682 or info@johnstoneadams.com.

 

By David Owens January 17, 2025
Mobile, AL. United States, January16,2025 ··Johnstone Adams LLC has been recognized in the 2025 edition of Best Law Firms*, a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms regionally in 8 practice areas, Johnstone Adams LLC has distinguished itself in the legal industry, earning this prestigious accolade. Firms included in the 2025 Best Law Finns& list are recognized for professional excellence with impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2025 edition of The Best Lawyers in Americaf). "At Best lawyers, we are proud to recognize law firms that show an unwavering commitment to excellence, innovation, and client satisfaction, • said Philip Creer, Chief Executive Officer of Best lawyers. "In the legal arena. Credibility is earned through consistent quality, which has propelled these firms to the forefront of the legal industry. • Achieving a ranking in Best Law Firms signifies high-quality legal practice and a depth of legal proficiency. Recognized firms, categorized into three tiers, receive acclaim on both national and metropolitan levels, reflecting the extent of their practice and geographic reach. Receiving a tier designation represents an elite status, reflecting the integrity and reputation earned by law firms. The 2025 edition of Best Law Firms* includes rankings in 75 national practice areas and127 metropolitan-based practice areas. The highest-rated firm in each national practice area attains the prestigious "Law Firm of the Year" honor. The transparent collaborative research process employs qualitative and quantitative data from peer and client reviews, supported by proprietary algorithmic technology, to produce a tiered system of industry-led rankings of the top 4% of the industry. Johnstone Adams LLC received the following rankings in the 2025 Best Law Firms®: • Regional Tier 1 o Mobile • Employment Law - Management • Labor Law - Management • Litigation - Labor and Employment • Workers• Compensation Law - Employers • Regional Tier 2 o Mobile • Employee Benefits (ERISA) Law • Health Care Law • Litigation - Construction • Tax Law ### About Johnstone Adams LLC Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: • Banking, Finance & Creditors• Rights • Business and Corporate including Business Dispute and Shareholder Rights Litigation • Construction Litigation • Employment, Labor and Workers• Compensation Law • ERISA, Tax, Trusts & Estates • Health Care including Mental Health • Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation: (1) Defense: Construction & Completed Operations; Major Claims & Professional Liability; (2) Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title • Real Estate including Conveyancing, Environmental & Zoning • Real Estate Litigation, including Conveyancing, Lien Priorities & Titles For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.
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Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients Mobile, AL. United States, January 16, 2025 •• Johnstone Adams LLC is pleased to announce that 7 lawyers have been included in the 2025 edition of The Best Lawyers in America• Since it was first published in1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Johnstone Adams LLC would like to congratulate the following lawyers named to 2025 The Best Lawyers in America list • Celia J. Collins • Employment Law Management. Labor Law­ Management. Litigation • Labor and Employment. and Workers' Compensation Law • Employers Rick A. La Trace - Bankruptcy and Creditor Debtor Rights I Insolvency and Reorganization Law • E. Russell March Ill - Elder Law • Wade B. Perry Jr. - Employment Law- Management, Health Care Law, and Litigation - Labor and Employment • Elizabeth Darby Rehm - Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment • Lawrence J. Seiter - Litigation - Construction and Workers• Compensation Law - Employers • E. Watson Smith - Employee Benefits (ERISA) Law and Tax Law ### About Johnstone Adams LLC Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: • Banking, Finance & Creditors• Rights • Business and Corporate including Business Dispute and Shareholder Rights Litigation • Construction Litigation • Employment Labor and Workers• Compensation Law • ERISA, Tax, Trusts & Estates • Health Care including Mental Health Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation: Defense: Construction & Completed Operations; Major Claims & Professional Liability; Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title Real Estate including Conveyancing, Environmental & Zoning Real Estate Litigation, including Conveyancing, Lien Priorities & Titles For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.
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