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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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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.
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.
Here’s an important reminder for supervisors: Details count at evaluation time, especially if poor performance will lead to a performance improvement plan or even discharge.
Some employees who are being sexually harassed may be embarrassed or reluctant to talk about it. Rather than come out and say what happened, they beat around the bush. Smart employers document how they handle vague complaints—and take them just as seriously as other complaints.
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.
Not everyone is cut out to be a boss. Some employees just can’t direct others or criticize their work. If a supervisor can’t—or won’t—do his job, termination may be inevitable.
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