Q. An employee frequently comes in late or is absent because of car troubles. Is this a justifiable reason for termination? To avoid this issue in the future, can we ask applicants if they have a reliable means of transportation to get to work?
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!
When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.
Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment. But not every crude or stupid action is serious enough to bar benefits, as this case shows.
Q. We recently terminated an employee. He claims he is legally entitled to a letter outlining the reasons for his discharge. Is he correct?
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.
Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.