Employee Discipline & Termination Issues

Employee Discipline & Termination

Your employees are what make your business run smoothly. When one of your employees is not meeting expectations or is behaving in a way that warrants formal discipline, your business is impacted and attention is pulled away from production. Whether you need employment law, discipline or termination advice, Business Law Southwest can help.

Employment Law: What is an At-Will Employee?

Some states, like New Mexico, are what is called an at-will employment state. This means employers generally have the right to terminate an employee for any lawful reason at any time as long as there was no employment contract involved and breached by the dismissal. Similarly, your employees are generally able to terminate their employment with your company without notice in an at-will state. Even though New Mexico is an at-will employment state, there are exceptions relating to employer conduct, both prior to and at the time of employee termination that may alter the at-will situation.

Designing a Process for Employee Discipline

In order to protect your business from negating the at-will employment agreement, implementing a procedure for employee discipline may be a prudent step to take. Our employment law attorneys can help:

• Define what is and is not permissible conduct as an employee.
• Outline what warrants employee discipline.
• Document official procedures for employee discipline.
• Finalize acceptable company procedures for termination.

Having these procedures in place when the employee is first hired can alleviate many problems, but it can also create an implied contract if done improperly, cancelling the implied at-will employment agreement. Our business lawyers will ensure your procedures are following employment laws, are enforceable, and fit with your business’ objectives.

Contact our Attorneys for Employment Law Counsel

We offer free consultations to determine our ability to help you. Our firm provides comprehensive employment law counsel from helping you develop contracts to representing you in court should the need arise. For experienced employment law advice and representation, contact our law firm today.