This
chapter explains that most employment litigation comes from the termination
of employees. The authors discuss the concept of "painless termination"
which, if kept in mind, minimizes these claims. Many times the terminated
employee desires to retaliate against the company because of the way the
termination was handled -- resulting in expensive litigation. It is pointed
out that, while all terminations are painful to the employee, if this can
be minimized by the manner in which it is handled then the termination may
not ultimately become "painful" to the company, because of the
cost of defense or "painful" to the responsible supervisor, who
must defend his actions on the witness stand. The chapter also discusses
the standards used by labor arbitrators in determining "just cause"
for termination. It also discusses the importance of systematic documentation
and the doctrine of "progressive" discipline.