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!
The next time you discipline an employee, consider how his conduct compares to others who broke a similar rule. Then detail the differences if the punishment varies. That way, you can later explain why two employees violating a similar rule deserved different punishments.
Q. It has come to my attention that one of our managers has posted his résumé on an online job board. Is it legal to ask him if he is actively looking for another job? If he is, do we have grounds to terminate him?
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.
Q. We have learned that one of our employees has been subjected to domestic violence and has a restraining order against her boyfriend. We are concerned that the man might become violent in our workplace. We are considering terminating the employee to make sure that our other employees are safe. Does such a termination raise any legal issues?
Q. Our company provides services to nursing homes. One of our therapists recently went out on workers’ compensation leave. The facility where she worked has since asked us not to reassign the employee back to its facility. However, we don’t have other placement options for this worker. Do we have any options?
Sometimes, internal investigations pull back the curtain on performance problems that have nothing to do with the original inquiry. Even if it turns out that the initial reason for the investigation was unfounded, you don’t have to ignore other issues you may uncover.
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee's subsequent retaliation lawsuit.
Employers don’t want distracted employees, especially when their jobs require their undivided attention. That’s reason enough to tell workers to shut off their cellphones and other electronic devices. Ignoring such orders and engaging in distractions like reading text messages is misconduct.
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.