Veriato Blog

How Technology Protects Against Wrongful Termination Claims

by Dominique Cultrera | Jul 05, 2018

Using technology to protect your company from wrongful termination claims

What is wrongful termination?

Wrongful termination is a situation in which an employee is let go for illegal reasons or if the organization violates company policy during the firing. Most employment agreements are at-will, meaning the organization doesn’t need a specific reason to let an employee go. However, there are protected cases in which termination is unlawful. Discrimination on the basis of race, nationality, gender, age, or religion is grounds for a wrongful termination suit.

How technology can help

Employee monitoring software can provide data to defend against wrongful termination claims. When an employee is terminated for cause, employee monitoring software may help serve as proof of the reason for termination. For example, it can track time spent on applications to demonstrate lack of effort or low productivity. Having data to back up a reason can keep a highly emotional situation more objective and less personal.

Data collected by employee monitoring software not only supports cases for termination, but can also detect them. The software alerts you when employee activity becomes suspicious or dangerous. At that point you can conduct an investigation, and correct the behavior or terminate the employee. Employee monitoring software provides concrete evidence for a termination, versus speculation or opinion.

After an employee is terminated, employee monitoring software can help protect your organization’s proprietary information. Many employees take intellectual property with them when they leave – whether because they feel ownership of the information or because they have hostile plans (such as damaging the company or using it to further their careers elsewhere). Employee monitoring software monitors what data an employee accesses and what he or she does with it. It lets you know if they store the information on a cloud server or external drive. You can then confront the employee and regain control of the data.

Due Diligence

  • Keep records: The best way to prevent wrongful termination claims is to be an attentive manager throughout the employment. Keep records of employees’ performance – but make sure that documentation is standard for all employees. If your organization’s record keeping is selective, it could raise a wrongful termination claim for discrimination.
  • Check up with employees: Establish the practice of frequent meetings with employees – maybe even more than the annual review – to get an idea of their feelings about the workplace. These meetings may provide a way for employees to bring up any discrimination or harassment they might be facing. The organization can take steps to fix the problem, and those steps may serve as defense should a harassment or discrimination claim arise. Additionally, if the employee doesn’t bring up any such issues, the organization can use this lack of evidence for protection against wrongful termination claims.
  • Monitor data records: Make sure your employee monitoring software controls are configured appropriately. Though you don’t want to handle that data too much (to maintain as much privacy as possible), it is important to have a review process in place. Updating permissions and reviewing any flagged behavior will help you stay in the know when it comes to your employees. By regularly reviewing data records, you can manage your workforce and protect your network.

Though most employment is at-will, all organizations can take steps to protect against wrongful termination claims. Employee monitoring software helps defend and prevent those claims, as well as protect corporate data. Take advantage of technology to help keep your work environment safe and secure.