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: Must unused vacation time always be paid when employees leave?
Risk: An unclear vacation policy could allow terminated employees to sue your organization and collect additional pay.
Action: ...
Issue: Must you always pay employees for their unused vacation time when they depart your organization?
Risk: An unclear vacation policy could allow terminated employees to sue you and collect ...
Issue: Can a small organization point to its size as a valid reason to deny jury-duty leave?
Risk: State law exemptions won't necessarily protect you from this type of lawsuit. ...
When news reports surfaced in December that a New Jersey hospital nurse admitted to killing 30 to 40 patients in his 14-year career, a pattern of lax background checks emerged.
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Issue: Drafting a legally sound employment contract and avoiding "implied contract" claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal ...

After 12 years with the same company, I am losing my job due to a merger. I have no other job lined up. Should I elect COBRA health and dental coverage? Are there any tax benefits?

A recent case reminds employers that it's illegal to retaliate against workers who participate in any type of workplace investigation.

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 [...]
Before firing anyone, ask yourself the following seven questions. If you answer “Yes” to any, your risk of sparking a lawsuit rises greatly, so contact your HR department before proceeding with a termination. Question Yes No 1. Is the employee over age 40? 2. Is the employee disabled in any way? 3. Has the employee [...]
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