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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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Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.

In this economy, employees who have been fired often resort to litigation. Jobs are scarce and litigation looks lucrative. Smart employers protect themselves by carefully documenting exactly why they fired employees.

If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

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