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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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Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.

Lifeguard Tomas Lopez was perched atop his chair at Hallandale Beach on July 1 when he heard calls for help. He sprinted down the beach, dove into the Atlantic and helped rescue a man who was struggling in the surf. The swimmer survived; the lifeguard’s job did not ...
Employers experiencing economic difficulties can cut positions if need be and not worry that it cost the job of an employee who was out on maternity leave. But beware! If the decision to cut the employee was based on her having taken leave, she can sue.
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.
Here’s an important reminder for supervisors: Details count at evaluation time, especially if poor performance will lead to a performance improvement plan or even discharge.

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.
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