Employers have a legal right to terminate employees for a variety of reasons, such as poor performance, misconduct, or company restructuring. However, when an employee believes that their termination was unlawful, they may file a wrongful termination lawsuit against their employer. Wrongful termination lawsuits can be costly and time-consuming, and can damage an employer’s reputation. As an employer, it is important to know how to defend against a wrongful termination lawsuit to protect your legal rights and obligations. In this article, we will discuss the key steps that employers can take to defend against a wrongful termination lawsuit.

Develop Clear Policies and Procedures

Employers should develop clear policies and procedures regarding employee terminations. These policies should outline the steps that must be followed when terminating an employee, and should be communicated to all employees.

Key points to consider when developing policies and procedures includes,

  • Establishing Grounds for Termination: Employers should establish clear grounds for termination, such as poor performance, misconduct, or violation of company policies.
  • Providing Notice: Employers should provide notice to employees that their employment is at-will and that they can be terminated at any time for a lawful reason.
  • Following Due Process: Employers should follow due process when terminating an employee. This may include providing warnings, conducting an investigation, and giving the employee an opportunity to respond.
  • Documenting Employee Performance: Employers should document employee performance, including any warnings, disciplinary actions, or other issues that may lead to termination.

Provide Proper Notice

Employers should provide proper notice to employees when terminating their employment. This notice should be in writing and should include the reason for termination.

Key points to consider when providing notice includes,

  • Complying with State and Federal Laws: Employers should comply with state and federal laws regarding notice periods for termination. These laws may vary depending on the state and the reason for termination.
  • Being Clear and Concise: Employers should be clear and concise in their notice, providing specific reasons for termination and avoiding vague or general language.
  • Keeping Records: Employers should keep records of all notices provided to employees, including the date, method of delivery, and content of the notice.

Gather Evidence

Employers should gather evidence to support their decision to terminate an employee. This evidence may include…


  • Performance Reviews: Employers should review the employee’s performance history and document any issues that led to the termination.
  • Witness Statements: Employers should gather witness statements from other employees or managers who observed the employee’s performance or behavior.
  • Documentation of Policy Violations: Employers should document any violations of company policies or procedures that led to the termination.
  • Emails or Other Communication: Employers should gather any relevant emails or other communication that support the decision to terminate the employee.

Conduct an Investigation

Employers should conduct an investigation into the circumstances surrounding the termination. This investigation should be thorough and unbiased, and should consider all relevant evidence.

Key points to consider when conducting an investigation includes,

  • Assigning an Impartial Investigator: Employers should assign an impartial investigator who has no personal stake in the termination decision.
  • Interviewing Witnesses: Employers should interview witnesses who have relevant information about the termination.
  • Documenting the Investigation: Employers should document the investigation, including the steps taken, the evidence gathered, and the conclusions reached.
  • Avoiding Retaliation: Employers should avoid retaliating against employees who participate in the investigation or who file a complaint regarding the termination.

Additional Tips for Employers

Employers should also consider additional tips to protect themselves from wrongful termination lawsuits, such as…

  • Training Managers and Supervisors: Employers should provide training to managers and supervisors on how to handle employee terminations in a lawful and professional manner.
  • Avoiding Discrimination: Employers should ensure that employee terminations are not based on discriminatory factors such as race, gender, age, religion, or disability.
  • Maintaining Accurate Records: Employers should maintain accurate and up-to-date records on employee performance, disciplinary actions, and termination decisions.
  • Consulting with Legal Counsel: Employers should consult with legal counsel when considering terminating an employee or when facing a wrongful termination lawsuit.


Question: What is wrongful termination?

Answer: Wrongful termination is a legal term that refers to the termination of an employee’s employment in violation of state or federal laws, public policy, or a contract.

Question: What are some common grounds for wrongful termination lawsuits?

Answer: Some common grounds for wrongful termination lawsuits include discrimination, retaliation, violation of public policy, breach of contract, and defamation.

Question: What are the potential damages in a wrongful termination lawsuit?

Answer: The potential damages in a wrongful termination lawsuit may include lost wages, benefits, emotional distress, punitive damages, and attorney’s fees.


Wrongful termination lawsuits can be costly and time-consuming for employers. However, by developing clear policies and procedures, providing proper notice, gathering evidence, conducting an investigation, and following additional tips, employers can defend themselves against wrongful termination lawsuits and protect their legal rights and obligations. It is important for employers to consult with legal counsel when facing a wrongful termination lawsuit or when considering terminating an employee. By doing so, employers can minimize the risk of liability and protect their business from reputational harm.

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