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!

A former manager at Tyler Roofing Co. recently filed suit against the company, claiming that his employment was terminated because he missed work to receive cancer treatments. He sued for disability discrimination and violations of the FMLA in the Eastern District of Texas.

Terminating a pregnant employee because she has minor medical restrictions can be very expensive. The move may mean you have to make the employee financially whole—plus pay a large punitive damage award and attorneys’ fees. Here’s the best way to handle temporary medical restrictions associated with pregnancy:

Employee theft is a huge problem, and employers are sometimes tempted to make an example of a thief. They hope to discourage other employees from stealing. It’s a bad idea, because the alleged thief may sue for defamation. Instead, keep the information as confidential as possible.

Q. We are sponsoring an immigrant worker on an H-1B visa. Because of performance issues, we would like to terminate his employment. Can we do this?

During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

White Paper published by The HR Specialist, copyright 2009 ____________________ It happens to every manager: You sit down to prepare a staff member’s review and realize you can remember only what the person has done the past few weeks. Or you allow only a single incident (good or bad) to color your assessment. Supervisors should […]

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.

Remind managers not to punish or otherwise retaliate against employees who report suspected drug use by fellow employees. Such tip-offs may constitute protected activity, and retaliation may lead to a lawsuit.

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.