In the News: Gary Wheeler Authors Jacksonville Business Journal Article on How Legal Sound Terminations Can Go Awry
Constangy partner Gary Wheeler authored an article for the Jacksonville Business Journal examining how employers convert legally defensible terminations into costly lawsuits through poor execution.
Gary highlighted that while most employers focus on whether a termination decision is justified, those are not the only questions that matter. In his experience, some of the most expensive employment disputes arise not because the employer lacked a legitimate reason to fire someone, but because of how the termination was handled.
Gary went on to emphasize that the termination meeting itself carries significant legal risk. Employees experience the firing firsthand, and that experience shapes whether they pursue legal action. A poorly conducted termination can make an otherwise defensible decision feel inconsistent, retaliatory or discriminatory, giving the employee grounds to file a claim that would otherwise not exist.
Among the key missteps he identified are failing to prepare adequately for the meeting, delivering the news in a way that feels humiliating or disrespectful, and allowing the conversation to veer into territory that creates new legal exposure. He noted that severance and separation agreements, when used, must also be handled carefully to be enforceable.
“The strongest termination decisions are not simply legally defensible. They are executed thoughtfully, consistently and professionally,” Gary explained.
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Gary is a partner who represents employers in a wide range of employment law matters, including litigation, class and collective actions, and wage and hour disputes. He advises employers on workplace compliance issues such as ADA and FMLA requirements, employee handbooks, trade secrets, and unfair competition, and regularly conducts management training on employment law developments and best practices. Gary is known for his practical, business-focused approach to helping employers manage risk and navigate complex workplace challenges.
