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!

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Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.

While several ballot initiatives nationwide show there has been a change in how the general public perceives same-sex relationships, sexual orientation is still not a protected class under Title VII of the Civil Rights Act.
Employees who violate rules against doing personal business at work are engaging in misconduct. That can make them ineligible for unemployment compensation benefits.
Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.
Don’t let the fear of litigation keep you from making necessary decisions. Sometimes, you have to discipline employees for the good of the organization.
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