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!

Q. We had to terminate an employee for failure to adequately perform his job responsibilities. Can we deny him the COBRA subsidy because the termination was not a layoff or a result of the economy?

Managers and supervisors are at the front lines of making decisions that often trigger lawsuits—promotions, pay raises, terminations and job assignments. But the most legally dangerous of all those situations is interviewing job candidates. Here are five questions that can reveal more about job interviewees, without risking a hiring discrimination charge.

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.

Human resources professionals know the importance of evenhanded discipline. But other managers may not be so careful, often preferring to issue casual and informal warnings that aren’t recorded anywhere, only to insist on more severe sanctions when they perceive employees crossing some indefinite line. When that happens, you run a real risk of facing a disparate treatment lawsuit.

 

No one likes to talk about firing people. It's traumatic for all involved. But many managers confess that they have not terminated poor performers soon enough.

True or false: Employees are either creative or they’re not—creativity isn’t a skill you can teach. False. Managers can play a key role in creating an environment in which employees will want to look for new ideas. Share this article with your supervisors to help tap employee creativity.

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows ...

Psst! The scoop on gossip

by on September 21, 2009 11:00am
in Firing,Human Resources

We certainly don’t want to be the subject of gossip, and we know gossip isn’t kind, so why does it occur? Because people need their gossip fix. We’re preprogrammed for it: It comes standard in all human beings. But does that make gossiping OK?

Q. One of my employees who recently quit has failed to pay back a personal charge he made on our corporate credit card. Can I simply deduct the amount of the charge from his last paycheck or withhold his final paycheck until he pays for the charge?

Q. Under our company policy, employees who are terminated because of a reduction in force are entitled to severance pay. Can we require them to execute a release in order to receive severance pay?