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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Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page ...

Employees whose names people associate with a particular religion, origin or ethnicity can't automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case ...

The Conscientious Employee Protection Act (CEPA) prohibits retaliation against New Jersey employees who bring to light illegal or unethical workplace practices ...

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave ...

Q. We may soon terminate an employee whose daughter also works here. We're uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

A reader of our weekly e-mail newsletter, The HR Specialist Weekly, recently posed this question: "How do you let other employees know when you've fired someone?" Following are some of the responses from other readers ...

Morgan Stanley won the latest round in its high-profile battle with IT employee Arthur Riel, who was fired for sharing e-mails that revealed questionable management practices at the firm ...

Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

As an employer, you can't always wait on a background check before offering a job, so you have to rely on applicants' oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty ...

The EEOC has provided more legal cover for employers that actively recruit older applicants and offer better perks to their older employees. New proposed EEOC regulations, which reflect a 2004 Supreme Court decision, say you won't violate federal age-discrimination law if you favor older employees over younger ones ...

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