Employment Law Guidance
Hiring & Termination
The decisions that carry the most legal risk — done right from the start.
Why It Matters
The Two Moments That Define Your Liability
The hiring decision is not easy and very often, the unsuccessful candidate will contact an attorney to explore reasons why their client was not hired. An ERS client will know what questions to ask at an interview and what questions must be avoided — as well as what notes to take, or not take, during the hiring process.
Similarly, the manner in which a termination is carried out may be the difference in whether the employee decides to call an attorney. Procedures for proper termination, therefore, are critical. At Employee Relations Solutions, we will guide you through the process, with necessary documentation, from the moment a decision to terminate is made through to the time it is communicated to the employee.
The Hiring Process
Hiring the Right Way
From the language used in job postings to the questions asked in interviews, the hiring process is filled with legal landmines. Discriminatory interview questions — even unintentional ones — can expose a company to pre-hire discrimination claims.
ERS advises employers on compliant job descriptions, lawful interview frameworks, background check procedures, and offer letter language that protects the company while attracting the right candidates.
The Termination Decision
Terminating Without Creating Liability
Termination is the single most litigated employment decision. Even when the business reason is legitimate, a termination that is poorly documented, inconsistently applied, or procedurally flawed gives plaintiff's attorneys exactly what they need to build a case.
As former plaintiff's attorneys, we know precisely what opposing counsel will look for — and we help employers build the documentation and decision-making process that withstands scrutiny.
"We know what plaintiff's attorneys look for — because we were plaintiff's attorneys."
Matthew R. Grabell, Esq. — Employee Relations Solutions
Protect Your Company at Every Stage
Contact ERS to review your hiring and termination practices before they become a liability.