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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You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for poor performance. You could be wrong. That’s why you should document every discharge decision as if you expect a lawsuit.
Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.
The NLRB has ordered a New York City tour bus company to reinstate a tour guide who was fired because of what he wrote on Facebook. The board ruled that his postings were protected activity under the National Labor Relations Act.
If you think an employee has broken a rule, ask her. If she admits she did, that’s reason enough to terminate her. Just make sure you ask the question of every suspected rule-breaker before disciplining them.
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.
You just found out that an employee who’s out on medical leave—with severe restrictions on his activities—recently participated in a running event. What should you do? Think twice before you say, “Fire him!” That could cause lengthy and needless litigation.
Here’s a tip that can help prevent successful termination lawsuits: Set up your system so that the same individual or individuals who make hiring decisions also make the final termination decisions. It will help you prevail in court if the fired employee tries to sue you for discrimination.
Here’s a situation that should send you straight to your attorney’s office. If you fire an employee because you discovered her spouse works for the competition, you may be violating the marital status discrimination clause in the Minnesota Human Rights Act (MHRA).
Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.