Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.
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!
If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.
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.
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.