For an employee to win a discrimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.
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!
Q. What factors do the courts use to determine if termination is an appropriate penalty?
Q. It has come to my attention that one of our managers has posted his résumé on an online job board. Is it legal to ask him if he is actively looking for another job? If he is, do we have grounds to terminate him?