Firing

There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.

Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!

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We live in an era when employees have more power than ever—which has made it more legally tricky to come down on them when you need to send a message.
What should you do if you learn one of your employees brandished a gun and threatened suicide, but a doctor released him back to work? Shouldn’t you be concerned about safety? Let's examine a recent case.
Employees who lose their jobs be­­­­cause of willful misconduct aren’t eligible for unemployment benefits. But whether misconduct occurred can be called into question by any agreement the employer and employee may have signed calling for a suspension instead of termination.

While you may not want to share the information with your employees as you prepare for a reduction in force, be sure to document the reasons. That’s especially true if the underlying reasons are monetary—that you simply can’t afford to employ as many people as you have in the past.

In cases where you may be concerned about a lawsuit over firing an employee, consider instead a last-change agreement. Think of it as hitting the reset button. Both the employer and the employee have one last chance to save the relationship.
Target, the country’s third largest retailer, has announced it will cut 1,400 jobs from its Twin Cities’ headquarters. Falling sales, losses from an unsuccessful expansion into Canada and last year’s massive data breach have been cited as reasons for the downsizing.
To prevent violence at work, many employers prohibit even indirect threats. That’s perfectly legal.
Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.
Courts want to know exactly who decided the employee should be terminated, as well as the rationale.

Government workers have more protections than other employees when it comes to termination. For example, if a public employee is falsely charged with some form of misconduct, she may have a l­awsuit. By all means, resist the temptation to make an example out of the fired employee.

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