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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Target, the country’s third largest retailer, has announced it will cut 1,400 jobs from its Twin Cities’ headquarters. Falling sales, losses from an unsuccessful expansion into Canada and last year’s massive data breach have been cited as reasons for the downsizing.
To prevent violence at work, many employers prohibit even indirect threats. That’s perfectly legal.
Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.
Courts want to know exactly who decided the employee should be terminated, as well as the rationale.

Government workers have more protections than other employees when it comes to termination. For example, if a public employee is falsely charged with some form of misconduct, she may have a l­awsuit. By all means, resist the temptation to make an example out of the fired employee.

Turnover is costly and time consuming, so you should do everything in your power to coach employees to turn around poor performance and behaviors. However, if after several attempts to rehabilitate the following types, you see no improvement, you may need to cut them loose to protect the morale and productivity of the rest of your staff.

The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.
While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.
When faced with negative reviews and worried about losing their jobs, some employees file internal discrimination complaints in an effort to avoid discipline. Don’t play that game!
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