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!
A judge ruled that firing a teacher who brought 20 small packages of heroin into a Manhattan Courtroom was “excessive and shocking to this court’s sense of fairness.”
Q. An employee called out for one day because he’d been arrested on a domestic violence charge. He did not violate the attendance policy. This man has been rumored in the office to be an abuser, and the police have been called to his home other occasions. He is an at-will employee. Can we realistically fire him if he’s broken none of our rules?
You can terminate an employee for missing work because he had to spend the night in jail. He won’t be eligible for unemployment benefits because the firing was for misconduct related to regular attendance.
HR Law 101: The most reliable way to protect your organization from charges of wrongful discharge is to establish and enforce a system of progressive discipline. Make it clear to all your supervisors that they're expected to abide by your policy ...
HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy ...
Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.
Progressive discipline systems force supervisors to follow the steps in the process, which helps employers document what happened and when. That can come in handy if the employee files an EEOC complaint and then claims she was fired for doing so.
Do you sometimes worry that you made a mistake during an investigation? Or that you believed the wrong person? You needn’t lose sleep over it. Courts won’t second-guess your decisions if they believe you acted reasonably and in good faith.
A Commonwealth Court has ruled that a Ridgway man who was fired for threatening his bosses can’t collect unemployment benefits.
When you are investigating employee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.