A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:
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!
Daniel Brant liked to curl his eyelashes and wear mascara and heels when he went to his hair-stylist job at the Chop Shop on the Philadelphia campus of Temple University. When his boss transferred him to the salon’s South Street location and later fired him, he sued for discrimination.
Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?
Most HR professionals like to think their workplaces are free from slurs and other behavior that smacks of racial hostility. If only that were always true! Sadly, bigotry sometimes rears its ugly head. But the good news is that an isolated comment probably isn’t enough to make you liable. That is, unless the comment is made by a supervisor.
Sometimes, it pays to take the time and spend the money to have legal experts carefully review your proposed actions. That’s especially true if your company is changing the way it does business in a fundamental way and wants employees to sign off on changes that dramatically affect how they are paid or whether they remain employees.
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.
What if a management consultant suggests that you find “young, energetic” people to take over? A court ruling last week sends a clear warning: Be careful who you listen to for advice … and where you write it down.
If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have skyrocketed in the past year as the economy has fallen. Here's how to avoid becoming one of the EEOC's targets.