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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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My small business corp has a problem employee we want to

Customer Question

My small business corp has a problem employee we want to fire. He greatly offended another employee by telling her that she was happy because she got laid over the weekend. He had a history of talking about his wife not giving him any sex. He is angry and has a history of outbursts of anger at work. I need to be sure I write a termination letter that will hopefully avoid his suing us.I am not sure if I can say he has sexually harassed our employees by his comments and discussions about his wife.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do have letters from employees talking about his anger outbreaks and hard-to-live-with personality. He also has incidents of insubordination. I would say he is a "medium" risk for a law suit even though I don't think he has any grounds for it. He seems repentant over his last outbreak
Submitted: 1 month ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 month ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Simply put, you can't avoid him suing you if he wishes. If you told me your company name right now, I could sue you on Monday. That's all I'd need. Now, I wouldn't have a valid claim and it would be dismissed, but you can't avoid my suing you.

So, your focus needs to be on establishing the facts here so that if you are sued, it isn't successful. Just put, in writing what happened. I don't think you need to (or should) try to classify it as sexual harassment. There is no need (or gain) to your doing so. Just stick with the facts and note those as the basis for termination.

In employment law, unless a person has an employment contract that states they can only be terminated for cause, they can legally be terminated at any time, with or without cause. This is called at will employment. So, you would already be protected from any legitimate suit by that fact. Add to that these facts, and you have more than sufficient basis to protect against any allegation that you terminated for an illegal purpose.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 month ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.