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!

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

It can be months or years of administrative hearings to decide how much you are obliged to pay terminated employees. That’s one reason the Court of Appeal of California has begun advocating arbitration as a legal alternative to hearings.

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination. Reason: Courts often conclude that it would make no sense for those who hired or promoted someone to turn around and fire that same person for discriminatory reasons.

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.

When the person who hires someone is the same one who conducts the firing, courts typically discount the idea that discrimination was involved. After all, why would someone who hired an applicant discriminate later because of that person’s age, race or sex? But be aware that the defense doesn’t always work if there is clear discrimination evidence.

Illinois law doesn’t allow employers to fire employees for reporting wrongdoing that compromises public policy. What that means is open to interpretation ...

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

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?