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: 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 ...
You must accommodate employees with disabilities. But what's technically considered a "disability" under the Americans with Disabilities Act (ADA)? The law says it's any physical or mental impairment that limits one ...
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, ...
Organizations that employ foreign workers on H-1B visas must now take an extra step when terminating them: notifying the federal government. Example: A software company hired a programmer on a ...
When calculating an employee's 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you ...
No one likes to choose among employees for company-mandated layoffs. But if you're given this task, research and recommend choices with defensible reasons that you can back up. Don't manufacture termination ...
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 [...]
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