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!

A number of employment issues pop up when the economy goes down.  When companies need to cut costs, they turn to HR for answers to some tough questions.  What's the best way to implement a layoff or reduction-in-force (RIF)?  How do we decide which employees to let go?  How do we retain remaining employees amid fears they'll be downsized next?

A federal judge recently approved an $8 million settlement between UPS and approximately 38,000 current and former California employees. The workers alleged the company failed to provide meal and rest breaks and did not pay terminated employees their wages on a timely basis.

Relatively few lawsuits—including discrimination and employment-related cases—are actually tried in a courtroom. In most cases, the parties reach a private settlement. But what happens if the parties reach a settlement and the employer holds up its end of the bargain, only to have the employee have second thoughts and bring another lawsuit?

North Carolina’s Equal Employment Practices Act (EEPA) provides that “it is the public policy of this State” to protect employees from discrimination. Until now, it was unclear how far the law went in giving employees the right to directly sue their employers.

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

In a case that illustrates why you should review all your employment decisions for potential hidden bias, a California appeals court has ruled that employees can use other employees to testify that they, too, were discriminated against in the same way.

Q. We have an employee who does not work very hard and her production is marginal. If we terminate the employee, will she be able to collect unemployment compensation?

Pennsylvania common law protects employees from discharges that violate public policy, but what violates public policy isn’t defined. Courts must therefore decide what the term means.

You probably know that employers can and are sometimes held liable if their employees harm customers. That’s especially true if they knew or should have known that the employee might be dangerous. But your potential liability—if you negligently hired an employee in the first place—doesn’t go on indefinitely.

Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.