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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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Issue: Punishing workers for protesting work conditions could constitute "unfair labor practices", even if your work force isn't unionized.
Risk: Defending an NLRA claim ...
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave annually for the birth or adoption of a child, their own ...
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees' rights to engage in ...
Warn your managers: If they open a personal letter or package addressed to an employee, they could be opening a legal mess, too. The case: After Greg Roth was fired, he talked to a lawyer about filing an age-bias lawsuit. The lawyer mailed Roth a package containing case notes and a tape recording of Roth’s [...]
A person's religion is not like his sex or race, something obvious from a glance. That's why Title VII imposes a duty on workers to provide fair warning of any employment ...
Issue: With the job market flooded with experienced and skilled people, the temptation rises for hiring managers to use "overqualified" as a weeding-out method.
Risk: Courts could view your use ...
If your workplace still allows smoking, consider this: A New York jury awarded $5.27 million to a sales director of a modeling firm who claimed that secondhand smoke subjected her ...
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can't discriminate against them.
Risk: More courts are saying that obesity is a ...
As part of your anti-violence policy, include a clearly worded ban on physical and verbal abuse in the workplace, even if it's in self-defense. Include descriptions ...
Issue: It's up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in ...
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