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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When deciding who stays and who goes during a reduction in force, use as many objective criteria as possible.
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?
HR pros can’t let sympathy for an employee who is out on extended medical leave—and whose job may be in jeopardy—affect the organization’s need to respond to business needs by restructuring.
Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff, and how can we minimize them?
A judge has ordered the New Kensington-Arnold School District in Pa. to reinstate a fired music teacher even though he was convicted of possession of marijuana and drug paraphernalia.
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.
There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.
If employees know the rules but are fired for breaking them anyway, they may not be eligible for unemployment compensation.
Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.
Most of the people who work for you are probably classified as at-will employees, but some high-level employees may work under written employment contracts that cover such issues as trade secrets and the employee’s right to compete with you after termination.
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