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!

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 ...
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, […]
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: ...
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 ...