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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If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.

If you haven’t been enforcing your rule requiring absent employees to call in every day, start now. Just make sure employees know you plan to enforce it going forward.

Some employees will permanently per­­form and behave better if they believe their jobs are at stake. But for others, the improvement is only temporary. That’s why it is important to track performance and behavior over time.

Employees who get into arguments may be violating workplace rules. But that doesn’t mean that firing them cuts off possible unemployment compensation benefits.
Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite.

In most states, workers are employed on an “at will” basis, meaning employers may terminate workers at any time for any legal, nondiscriminatory reason. However, at-will status doesn’t mean you won’t get sued. Here's how to minimize your exposure to wrongful-termination claims.

Employees who complain about alleged discrimination are protected from retaliation—up to a point. Frivolous complaints don’t count.
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose ...

Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.
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