Here’s something to keep in mind when you are tempted to give an employee a choice between termination and early retirement: He may allege that the retirement option was really a constructive discharge.
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!
Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won't all cop to what sinks their cases, but this one did. Learn what she fears most when staring down an employer in court.
Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown:
Q. Due to the poor economy, we recently cut one of our manufacturing shift’s hours by 60%. This will continue indefinitely. We gave the affected employees two weeks’ advance notice, but we have now received a letter from an attorney claiming we should have given them 60 days’ advance notice. Is that right?
If you punish two employees differently for what looks like the same rule violation or mistake, you’d better be prepared to explain why. If you are later challenged, you should be able to show that the two weren’t “similarly situated” and prove you didn’t favor one over the other.
Discipline and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. As a manager, you never know how employees will respond to discipline or firings. But you need to be prepared for anything—including employees who “let it all out” in long, loud rants. Follow these four do’s and don’ts to defuse rants and avoid lawsuits:
It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.
Some employees think they know their jobs better than their supervisors do. They want to decide which parts of their jobs are important and which parts are not. Then, when evaluation time rolls around, they try to show that they achieved their own goals for their jobs—even though management wanted other goals met. Don't let this happen.
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.