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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If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

A Tyler nurse is suing the nursing home where she once worked, claiming she was fired in retaliation for filing an EEOC complaint.

Why should HR worry about what the IT department does? After all, you’re about people; they’re about hardware and software. But there is one time when HR must collaborate with IT, and that’s when the computer system crashes. All manner of HR mayhem can ensue, and you had better be able to explain it.

There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.
You just terminated an employee for misconduct or poor performance. A few weeks later, you receive an EEOC complaint alleging that the employee suffered years of harassment and discrimination. If you didn’t have clear rules in place for reporting such conduct, you may be facing years of litigation.
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