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!

You may know that the ADA entitles disabled people to reasonable accommodations to allow them to perform their job's essential functions. But what about employees who have minor medical ailments that ...
In sexual harassment cases, your worst-case scenario is harassment by a supervisor. That's because sex harassment by a supervisor resulting in a tangible employment action (firing, demotion, pay cut, etc.) is ...
Issue: If you uncover an employee's performance problems while she's on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt ...
Issue: Some courts consider agreements—signed or unsigned—legally binding contracts.

Risk: A promise by one of your managers during a phone conversation could lock you into paying for service you don’t want or need.

Action: Train managers to say “Let me see that in writing” before agreeing to anything.
Terminating an employee who's out on FMLA leave isn't impossible. If you can prove that you would have fired the employee if he or she had been at work, you can ...
When terminating employees, it's smart to ask them to sign agreements that waive their rights to sue your organization for discrimination or wrongful discharge. Typically, employers wrap such waivers into severance ...
THE LAW. No one is immune from jury duty. Even Supreme Court Justice Stephen Breyer was called for duty
in his Massachusetts hometown. Al-though Breyer was dismissed from the pool, ...
Issue: Some employers have begun firing employees who smoke and refusing to hire job candidates who do. Should you do the same?
Benefit/risk: Corporate smoke-outs can reduce your health costs ...
Employees will undoubtedly leave their termination meeting in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the case below, one inflammatory phrase from a supervisor can spark a lawsuit. The goal: Briefly deliver the news by summarizing the well-documented, […]
If you haven't already, establish a policy that says HR and/or other senior executives must review supervisors' termination proposals. The goal: Prevent supervisors from making legally dangerous firings out of anger, ...