• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

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!

North Carolina, like many states, recognizes that employees owe a certain level of duty to their employers. However, the North Carolina Supreme Court has specifically rejected any independent liability for breaching such duty.

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

If your organization isn’t already planning or implementing measures to cut labor costs, it may soon have to. News that the United States has been in a recession since December 2007 suggests that HR professionals should prepare to reduce the labor burden—if only as a contingency plan.

Sometimes, you have to trust that your lawyer and the courts will do the right thing and toss out a clearly frivolous case. As long as you are sure that you have solid reasons for firing an employee who wasn’t doing her job—and that you didn’t treat her any differently than any other employee with the same track record—fire her.

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.

Miron Berenshteyn, a former computer programmer for Lehman Brothers in Jersey City, has filed a $5 million lawsuit alleging the company violated the federal and New Jersey WARN acts when it laid off more than 100 workers in September.

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

The turnover rate is high at your company. You’re even conducting exit interviews with every departing employee to find out what’s going on, but nobody talks. Chances are you’ve got some bad bosses. Maybe even some bullies. Only recently have scientists started looking at why cruel bosses thrive.

The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what's shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.

Employee theft is a big problem, and it could get bigger during hard economic times. Sometimes employers learn about “inside jobs” from police. When that’s the case, watch out for an interesting trap that can lead to litigation.