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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Q. Is it OK to terminate an employee without first issuing some kind of a disciplinary warning?
Q. We recently held a three-day meeting and on the second night one of the regional account executives proceeded to drink too much and behave very badly. He failed to show up for the final day of the meeting. Is this grounds for dismissal?
Employees have to abide by reasonable rules whether they like them or not. Insubordination remains a reason to deny unemployment compensation to terminated workers.
A messy termination doesn’t have to mean losing a subsequent lawsuit. Just be proactive, figure out what happened and document the underlying discharge reasons. They’re probably in plain sight, despite the drama.
A court has ruled that the Teamsters union can’t scuttle the sale of Will Poultry, a Buffalo food distributor.
Unless it’s for gross misconduct, don’t fire someone on a Friday afternoon. Instead, terminate the employee early in the week and early in the day.

When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had ­anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.

Some jobs require co-workers to get along and support one another. An employee who isn’t a team player may cause enough problems to warrant termination. But “team player” is a subjective term.
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.
Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?
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