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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When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.
Here’s some encouragement for HR professionals caught in a seemingly no-win situation. If you are fired for insisting that the company comply with anti-discrimination laws, you probably can sue.
You don’t tolerate slurs spoken in English, do you? Then don’t put up with vile, intolerant and demeaning speech in other languages. It’s the content that matters, not the language spoken.
As long as you treat all employees equally, courts won’t second-guess your decision to fire someone for ­violating an anti-violence policy.

Under the ADA, it’s illegal for employers to discriminate against employees who have a history of drug addiction but who aren’t current users. Before you or anyone else in management comments on suspicions that an employee has backslid, make sure you have evidence to back the claim.

It’s probably a good thing this case will be heard in Lucas County Court. A former law clerk for the Toledo Municipal Court has filed a lawsuit against the city, the court and six of its judges.

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Problem: A difficult employee be­­comes defensive and argumentative each time you try to address his shortcomings with him. He doesn’t see a problem or a need to change, so you fire him. His perspective of the situation is much different than yours, and now he’s going around telling his former co-workers how “terrible” the company is and how unfairly he was treated. Solution?

Fashion-industry designer Jeffrey Johnson had a long-running feud with sales executive Steven Ercolino. Both are now dead. On Aug. 24, Johnson waited outside Hazan Import’s office on 5th Avenue near the Empire State Build­­ing. As Ercolino and a co-worker approached the office, Johnson pulled out a pistol and opened fire.

Good news for employers that hold off on firing an employee for an act that would otherwise be willful misconduct, making the employee ineligible for unemployment compensation benefits. As long as you can explain why you delayed actually terminating the employee, she won’t receive unemployment benefits.
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