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? ...

Here's another point to get the attention of your managers and supervisors when they complain about yet another discrimination training session. If they don't pay attention, it's not just the company that may suffer. They could be sued personally, too ...

Before you classify supervisors as exempt executive employees, make sure you've given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors' recommendations ...

Florida mirrors America’s growing diversity in many ways. Today, co-workers wear burqas and yarmulkes, and some employees request prayer breaks. Religious diversity is a reason for celebration, but it also presents workplace challenges. Religious discrimination claims filed with the EEOC more than doubled in the past year ...

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

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