If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.
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Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.
The EEOC is supposed to engage in a conciliation process before suing employers for alleged employment violations. But sometimes the agency comes out with guns blazing, demanding a huge payment to settle a complaint. Some employers naturally respond negatively—and they may even walk away without further discussions. One employer recently did just that, and then tried to get a federal court to dismiss the EEOC lawsuit.
In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.