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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Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. ...
Issue: Creating a legal basis to reject (or fire) people who lie on their job applications.
Benefit: Providing a "statement of accuracy" on applications gives you strong legal standing against ...
While it’s important to have well-documented reasons for terminating employees, the manner in which you perform the firing can also save your employer (and possibly the supervisor) a trip to court. Use these four guidelines to fire with grace and reduce the risk of legal fallout: 1. Keep it private. Discharge employees in closed-door meetings. [...]
Here are a few highlights from an ABC News Web poll asking readers for the worst thing a boss ever told them.
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you're not allowed to count their legally protected absences in any negative way.
Pay special ...
Issue: How consistently do you treat employee absences?
Risk: Many organizations' attendance policies, inadvertently or not, include legally risky doublespeak.
Action: Examine your policy, looking for contradictions and inconsistencies ...
If your organization regards an employee as having a
"disability", even if his or her condition doesn't rise to the Americans with Disabilities Act (ADA)'s definition, your actions could cause ...
If you have military reservists on staff, you can call them to work right after they return from their weekend duty or other service obligations. Contrary to what you may have ...
Issue: Most organizations lack formal elder care benefits or policies. Instead, they assist employees by making exceptions to other policies.
Risk: Unless you apply those exceptions fairly, you'll risk complaints ...
Somewhere along the line, you will en-counter poor-performing employees who whine, assign blame, watch the clock or drag down morale. These types might improve with counseling, but the odds are they won’t. Why, then, might you hesitate to fire such people? Here are four lousy excuses for not imposing proper discipline: 1. “I need him.” [...]
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