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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Recently, a Texas appeals court was asked to determine whether firing an employee because of a Face­­book post violated that employee’s state law privacy rights. The court held that it did not.

Q. What factors do the courts use to determine if termination is an appropriate penalty?

Most of the time, an employer needs only to honestly believe the reason given for a termination. However, that’s not true in cases involving the FMLA or California family leave.
A federal court in North Carolina has refused to add another legal avenue disgruntled employees can use to sue. The court said even after recent amendments that expanded the scope of the law, the Sarbanes-Oxley (SOX) Act doesn’t protect whistle-blowers who report what they believe are serious safety violations at work.
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.
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