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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Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.
Did an employee lie about an illness and abuse FMLA leave? As long as you honestly and in good faith believe the employee was dishonest, your disciplinary decision will hold up in court.
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