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: With the job market flooded with experienced and skilled people, the temptation rises for hiring managers to use "overqualified" as a weeding-out method.
Risk: Courts could view your use ...
If your workplace still allows smoking, consider this: A New York jury awarded $5.27 million to a sales director of a modeling firm who claimed that secondhand smoke subjected her ...
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can't discriminate against them.
Risk: More courts are saying that obesity is a ...
So, you're thinking about creating a program to help settle employee conflicts in-house. That's smart; a successful alternative dispute-resolution (ADR) program lets you identify and address problems while they're still manageable ...
Under the Pregnancy Discrimination Act (PDA), you can't fire a pregnant worker simply because of her condition. Nor can you force her to take leave as long as she's physically ...
A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position ...
Knowing why employees leave is crucial to finding the cause for turnover. And exit interviews can be a great tool to obtain that feedback. Use these tips to make the most of those meetings: Schedule it in advance. This sends the message that you take the exit interview seriously. Don’t squeeze it in as the [...]
Issue: Protecting your organization’s secrets from competitors and preventing staff from jumping to the competition.

Risk: Noncompetes won’t stick if they’re overly broad or cover too many employees.

Action: Determine which key employees could walk out with the most damaging information.
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees "work" the system.
Action: To prevent ...
Layoff or firing? Probationary or “permanent” employee? Using the wrong employment-related terminology with an employee can expose your company to costly lawsuits. Here’s a look at five of the most common examples: 1. ‘Permanent employee’ “Employment at-will” is the rule in most states. That means you can fire an employee at any time, for any [...]
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