Page 16 - BusinessWest August 18, 2025

LAW >>
Can I Fire
Someone
for That?
Consider These
Common
Myths That Get
Employers Sued
BY MICHAEL LEWIS, ESQ.
Employers regularly wonder: “can I fire some-
one for that?” You might assume the answer is
simple, especially in an at-will state like Massa-
chusetts. But the reality is more complex. Missteps
can land your business in court. Here’s how to avoid
them and keep your company focused on growth, not
litigation.
Myth: At-will Means Any
Reason Goes
At-will employment allows termination without
contractual cause. Yet, anti-discrimination laws and
retaliation protections still apply. Even a valid reason,
like poor performance, becomes risky if the employee
recently complained about harassment, requested an
accommodation, or reported a safety issue. Terminat-
ing soon after a complaint invites legal trouble.
For example, you want to fire Sarah for repeated
tardiness. But what if she reported sexual harass-
“At-will employment allows termination without contractual
cause. Yet, anti-discrimination laws and retaliation protec-
tions still apply. Even a valid reason, like poor performance,
becomes risky if the employee recently complained about
harassment, requested an accommodation, or reported a
safety issue.”
ment a few weeks earlier? Timing alone can create
exposure. So document performance issues as they
arise.
Also, check if the employee recently returned from
Family and Medical Leave (FMLA) or Paid Family
and Medical Leave (PFML). A Springfield auto repair
shop faced a claim after firing a worker the day after
he returned from PFML to care for his newborn. The
company blamed tardiness, but the timing triggered
months of legal headaches.
Myth: No Documentation Needed
Some employers assume that no paperwork is
necessary under at-will rules. That approach creates
unnecessary risk. Without records, even lawful fir-
ings appear questionable. Weak evidence damages
credibility.
Imagine Tom, a low performer who never received
formal feedback. If you fire him after years of posi-
tive reviews, expect scrutiny. Always provide timely
written warnings and accurate performance evalua-
tions. Keep emails, attendance records, and coaching
notes. Would your records persuade a jury that the
termination was justified?
Myth: We Treated Everyone Fairly
Fair treatment requires consistency. If one employ-
ee is fired and another is only warned for the same
violation, questions follow.
Consider two salespeople, Mike and Jose, both
caught inflating sales numbers. Mike receives a warn-
ing. Jose gets fired. If Jose claims racial bias, incon-
sistent discipline strengthens his argument. Review
prior disciplinary decisions. Can you show a clear
record of equal treatment?
Myth: We Can Share
the Reason Widely
Managers sometimes explain a termination too
broadly, believing transparency protects the company.
In reality, public disclosure creates legal risk.
16 << LAW >>
AUGUST 18, 2025
Business W est