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!

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A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.
The job market is tough for poorly educated, untrained injured workers. However, unless you want to continue carrying such workers on your workers’ compensation policy rolls, it might be smart to do all you can to find light-duty jobs for them.

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.

Problem: If an employee’s insubordinate behavior was caused by her bipolar disorder and you fire her, is the termination a violation of the Americans with Dis­­abil­­ities Act?
North Canton-based Star Air faces a DOL lawsuit that seeks more than $600,000 in fines and reinstatement for two drivers allegedly fired for re­­fusing to drive unsafe vehicles.
Have you had it with an em­­ployee who can’t seem to get along with others and who constantly tries to intimidate co-workers? If warnings don’t help, fire him.

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.
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