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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Lifeguard Tomas Lopez was perched atop his chair at Hallandale Beach on July 1 when he heard calls for help. He sprinted down the beach, dove into the Atlantic and helped rescue a man who was struggling in the surf. The swimmer survived; the lifeguard’s job did not ...
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.
When track coach and teacher Alvin Jackson was hired in September 2010, he became Frisco High School’s only black coach and core-subject teacher. Now he is suing the Frisco Independent School District, alleging that his contract wasn’t renewed this year because of race discrimination.

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act, an older worker must show that she was replaced by a younger worker.
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.
He may not make the cast of “Bay­­watch,” but Jay Lieberfarb now has $65,000 that says Nassau County was wrong to fire him from his job as a lifeguard in 2009.

Employees who learn they’re being terminated don’t have much time to file an EEOC complaint—in New York, no more than 300 days. But some employees think they have 300 days from their last day at work. That’s incorrect. Instead, the clock starts ticking when the employee is first informed that she was losing her job.

Employers experiencing economic difficulties can cut positions if need be and not worry that it cost the job of an employee who was out on maternity leave. But beware! If the decision to cut the employee was based on her having taken leave, she can sue.
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.
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