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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Q. We classified our janitorial supervisor as an exempt employee. She meets some of the qualifications, such as hiring and firing janitorial staff. But when she's on site, she mainly performs janitorial duties. Is she classified correctly? —L.B., Texas

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference? —A.L., Arkansas

It seems safe to conclude that Georgia employers won't have to worry anytime soon about a state ban on sexual-orientation discrimination in the workplace ...

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road ...

According to a new survey by consulting firm BlessingWhite, 41 percent of executives and managers say their employers’ approach to career development fails to meet their personal needs ...

Q. While on unpaid leave, one of our staffers applied for and was granted workers' compensation. This person has not expressed any interest in returning to work. She may even be working for someone else. Can we terminate her? —A.L., New York

Texas law makes it illegal to fire an employee in retaliation for filing a workers' compensation claim. But that doesn't mean employees are untouchable just because they're out on workers' comp. You can legally discharge injured workers under a reasonable absence-control policy that applies to all employees, regardless of how they were injured or became ill ...

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate ...

When it comes to hiring and promotions, one of the quickest paths to the courthouse is relying heavily on a person’s subjective qualifications when objective measures point to a better candidate ...

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 ...

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