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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THE LAW. The Employee Retirement Income Security Act of 1974 (ERISA) governs the administration of private employers' employee benefit plans and the rights of plan beneficiaries. Congress passed the law in ...
Issue: Courts will frown on "rubber-stamped" discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal "conspiracy" to retaliate. Action: ...
If you’re ever hauled into court to testify in a case against our organization, what you say, and how you say it, can sink our defense or make our arguments float. And don’t forget: More than your credibility as a manager may be on trial; you could be held personally liable for your actions, if [...]

As the calendar turns to an election year, politics becomes a hot topic. But remember: You can't fire or discipline employees or applicants because of their off-duty political activities and comments.

Issue: About a third of all organizations prohibit employees from discussing pay with one another. Risk: Such confidentiality policies likely violate ...

The federal government launched a high-profile raid last month of 21 Wal-Mart stores, resulting in more than 250 arrests of undocumented workers and a heap of trouble for the company.

It's not impossible to discipline employees who complain of discrimination. They're not untouchable. Just make sure you can show that the discipline flows from objective performance factors, not retaliation.
Still, ...
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing ...
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts.
Risk: A manager's verbal promise could lock your company into legal agreements it must follow ...
Issue: Employees may try to use "self-defense" as a reason for breaking your no-fighting rule.
Risk: That would limit your ability to punish violent workers ...
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