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!
Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.
Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.
According to a CareerBuilder survey of 2,200 managers, one in three (35%) employers have fired an employee for tardiness, and 48% of employers expect their employees to be on time every day.
Employers often worry when they respond to requests for an employee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.
Want to look good to a judge? Then take the extra time to let employees tell their side of the story before you fire them.
HR Law 101: Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and legal work status.
Don’t assume that just because your company is not located in Texas, you can’t be sued in the state. As long as your company employs someone in Texas, that’s enough.
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.