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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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.
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.
How belligerent does an email have to be to warrant firing the sender for willful misconduct and threatening a co-worker? A court has concluded that typing in all capital letters doesn’t necessarily convert a nasty but neutral phrase into a threat.
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.
An investment banker in Chicago, unhappy when he discovered a co-worker had been fired, mooned his boss. He was fired and, as a result, lost out on a $2 million payout that would have vested in a couple of months.
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