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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Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.
Employers don’t have to tolerate disruptive and rude behavior in the workplace. You can set—and should enforce—basic civility rules. Not only does that give you a basis for discipline, but it may prevent a problem from escalating from boorish behavior to harassment.
Though frustrations may be high, managers can choose to fire with respect, compassion, tact and professionalism.
Q. Is it OK to terminate an employee without first issuing some kind of a disciplinary warning?
Q. We recently held a three-day meeting and on the second night one of the regional account executives proceeded to drink too much and behave very badly. He failed to show up for the final day of the meeting. Is this grounds for dismissal?
Employees have to abide by reasonable rules whether they like them or not. Insubordination remains a reason to deny unemployment compensation to terminated workers.
A messy termination doesn’t have to mean losing a subsequent lawsuit. Just be proactive, figure out what happened and document the underlying discharge reasons. They’re probably in plain sight, despite the drama.
A court has ruled that the Teamsters union can’t scuttle the sale of Will Poultry, a Buffalo food distributor.
Unless it’s for gross misconduct, don’t fire someone on a Friday afternoon. Instead, terminate the employee early in the week and early in the day.
When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.