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’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for.

Brett Favre is successfully doing what you’ll likely have to do at least once in your career—stepping in to lead a team that for whatever reason has doubts about whether you’re the right leader. In spite of all the drama, Favre is winning the Vikings over. How is he doing it? Here are a few things he’s doing that I think apply to leaders in all fields:

Here’s advice that bears repeating to everyone involved in hiring and firing: Never opine that you’d prefer someone of the opposite sex to do a job. Word will get around … and you’re sure to get sued.

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

One good way to eliminate discrimination lawsuits is to have the same manager who hired an employee also handle the termination if you need to let the employee go.

According to the EEOC, White Way Cleaners discriminated against a female worker when it first moved her from the cleaning line to the front counter during her first pregnancy and then again when it terminated her after learning she was pregnant again.

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

Lawyers are always looking for new and different reasons to sue employers on behalf of employees and applicants. That’s bad news for employers, because additional charges mean greater legal costs, more lost time and potentially higher jury awards. Fortunately, courts are growing impatient with this practice ...

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.

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