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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Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.
Insubordination occurs when an em­­ployee refuses a reasonable order from a supervisor or manager. If discipline or discharge is necessary, knowing how to handle employee insubordination can go a long way toward avoiding legal consequences.

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.

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.
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