We see you, Texas employers. You’re navigating the daily tightrope walk of keeping your business afloat in this… unique economic climate, all while trying to decipher the ever-shifting sands of employment law.
But let’s be honest: sometimes the biggest curveballs don’t come from the alphabet soup of government agencies, but rather a certain individual that you used to pay. Because during times when it seems like the whole world has anxiety, we promise your employees are bringing that to work, too – and sometimes those situations escalate past the point of no return.
And here’s a truth bomb wrapped in a polite legal concept: a former employee can become a surprisingly expansive problem if they decide, for whatever reason, that your perfectly legitimate termination of them was actually a nefarious plot fueled by…well, who knows what their narrative will be?
How could something unfounded like this become a huge problem?
It’s About Them Being Loud and Persistent Enough to Tie Up Your Resources
Think about it. Agencies like the EEOC and TWC are already swamped. A pro se litigant with a grievance (however unfounded) and a significant amount of free time can tie up your resources for months – even years.
Suddenly, your HR manager is spending more time compiling documentation than, you know, actually managing human resources.
And all because they decided their dismissal was a personal vendetta orchestrated by the cosmos (and you, obviously).
We don’t mean to sound heartless about someone who may very well be going through a serious mental health crisis. But in today’s litigious environment, employers need to understand how easy it is to find yourself in the crosshairs of a claim that, while lacking factual basis, still demands your time, energy, and, most importantly, your hard-earned profits.
So, what’s the solution?
How to Protect Your Business Against Baseless Employment Claims
Besides perhaps investing in a crystal ball (which, sadly, isn’t admissible in court), the way to protect yourself is to build a solid foundation of compliance before things go sideways.
What exactly does that mean?
Craft Crystal-Clear Policies
Your employee handbook shouldn’t be a dusty relic in a forgotten drawer. It should be a living document outlining expectations, disciplinary procedures, and termination protocols. It should be something you use at work and in legal actions.
Apply Those Policies Consistently
It goes without saying that you should treat all employees fairly and consistently. And this is undoubtedly your intention.
However, it is important to remember that any deviations from policy create openings for claims of discrimination or retaliation – especially when emotions are running high.
Document Concerns Thoroughly
If you have legitimate performance concerns or behavioral issues, make sure you document them meticulously. “They just had a weird vibe” isn’t likely to land well with an administrative agency. Specific and dated examples of bad acts are your best friend.
Be Thoughtful and Respectful During Exits
When termination is necessary, ensure it’s handled legally and thoughtfully. And by “thoughtfully,” we mean being respectful of someone’s current emotional circumstances.
Sometimes, a little extra attention to detail during the separation process can prevent a world of headaches down the line.
It’s Worth the Time to Take the Time – Even If It Doesn’t Feel Like It in the Moment
Look, we get it. You’re busy running a business. But ignoring potential red flags and hoping for the best – or cutting policy corners – is a gamble with incredibly high stakes.
That’s what Treaty Oak is here for. Consider us your legal umbrella against the unpredictable storms of former employee grievances. We’ll provide proactive counsel, review your policies, and offer guidance on handling difficult employee situations – all with a healthy dose of the focus-on-company-success tactics you’ve come to expect from us. We can’t control someone’s mental state, but we can help you protect your bottom line from the costly fallout of their legal adventures.
So get in touch. That way, you can stay focused on building your business – and leave the tediousness of dealing with frivolous lawsuits to us.
