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: Must unused vacation time always be paid when employees leave?
Risk: An unclear vacation policy could allow terminated employees to sue your organization and collect additional pay.
Action: ...
Issue: Can a small organization point to its size as a valid reason to deny jury-duty leave?
Risk: State law exemptions won't necessarily protect you from this type of lawsuit. ...

After 12 years with the same company, I am losing my job due to a merger. I have no other job lined up. Should I elect COBRA health and dental coverage? Are there any tax benefits?

A recent case reminds employers that it's illegal to retaliate against workers who participate in any type of workplace investigation.

Before firing anyone, ask yourself the following seven questions. If you answer “Yes” to any, your risk of sparking a lawsuit rises greatly, so contact your HR department before proceeding with a termination. Question Yes No 1. Is the employee over age 40? 2. Is the employee disabled in any way? 3. Has the employee […]
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be ...
The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as ...
As the calendar turns to an election year, here's a good point to remind managers: Don't retaliate against employees or applicants simply because of their off-duty political activities and comments ...
THE LAW. The Employee Retirement Income Security Act of 1974 (ERISA) governs the administration of private employers' employee benefit plans and the rights of plan beneficiaries. Congress passed the law in ...
Issue: Courts will frown on "rubber-stamped" discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal "conspiracy" to retaliate. Action: ...
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