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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That dedicated employee working through her lunch period, even though she’s clocked out, could be a Florida employer’s biggest future liability ...

Q. How serious is it if written job descriptions aren't in place for employees? Is it safe to draft them even after a termination that could result in a lawsuit? —B.B., New York

Q. What's the law on letting employees review all their personnel files? Can we prevent it? —J.S., Utah

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She's out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

If you plan to terminate an employee who recently returned from military duty, you need a clear, business-based reason for your action. You can't fall back on "at-will status" as a reason for firing in such cases ...

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? ...

HR Law 101: Nowadays, most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons ...

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...

Q. I understand new rules for deferred compensation are in effect. Does this apply to the severance payment I’m receiving from a job?

America’s leadership “reserves” may be hitting a new low as half of all corporate- level executives retire over the next five years, predicts HR consulting firm Challenger, Gray and Christmas.
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