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!

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, ...
Many employers offer severance to soften the blow of terminations and to buy a little insurance against lawsuits. But for those agreements to be enforceable, it's important that you define the ...
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, […]
Make sure your employee evaluation process includes clear-cut instructions and guidance for managers on how to link performance with compensation.
Reason: A new court decision says that giving employees a ...
Issue: How to play a key role in shaping changes in your organization.
Benefit: You can better anticipate future HR needs and position yourself as a "thinker" not just a ...
Issue: Supervisors tend to be quicker in disciplining employees that have given them trouble in the past.
Risk: Singling out certain "troublemakers" for discipline can spur a retaliation lawsuit.
...
Issue: Gaining more value from your exit interviews.
Risk: Intelligence gathered often falls into a "black hole," so mistakes are repeated and legal land mines are overlooked.
Action: Ask ...
Issue: Can you place conditions on employment that aren't related to the person's ability to perform the job?
Risk: Courts may see such restrictions as illegal "employment blackmail."
Action: ...

1. Keep receipts, not a list 2. No deduction for 'common' products

In addition to using exit interviews that ask employees why they're leaving, conduct regular "stay interviews" to learn what your organization is doing right (and wrong) and to show that you ...