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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!

Discharged employees who sue over alleged discrimination often must prove that the reason their employers gave for firing them was really a cover for discrimination. If you’re very specific about your reason for terminating an employee, you’re likely to win these kinds of lawsuits.

A Bronx jury has ordered Bernard Spitzer, father of former Gov. Eliot Spitzer, to pay more than $1.3 million to four former employees to settle racial discrimination charges.

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

What’s a manager to do when faced with conflicting accounts of an argument between employees? An important part of that answer is to resolve the conflict quickly, before it spreads like a cancer through your organization ...

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA ...

If you're like lots of employers, you've probably been inundated with résumés from desperate people applying for anything that resembles a job. Many of them have far more experience and education than you need. They're "overqualified." Do you dare tell them so?

As the economic meltdown worsens, employees facing personal budget crises may go looking for their own financial bailouts—by tapping into 401(k) savings. They may turn to HR pros like you to learn how to take hardship withdrawals or borrow against their investments. There are good reasons to steer them away from treating their retirement nest eggs as rainy-day funds.

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.

Ohio public school employees who work under contracts for a set term have the right to keep working until the contract runs out, absent certain “extraordinary circumstances.” But school districts that show exactly why an employee should be fired ... are on solid ground when it comes to a later lawsuit.