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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Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

Everyone occasionally says something insensitive. Fortunately, verbal blunders can’t form the basis of a lawsuit if the comments occurred ages ago.

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

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.
The EEOC has just won a significant legal victory without even having to go to trial. It recently alleged that some last-chance agreements automatically violate Title VII if they prevent employees from filing EEOC actions. The agreements in question contained a clause that had em­­ployees promising not to file discrimination charges in exchange for keeping their jobs.
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.
Do you have employees who were born and raised in other countries and who therefore speak English with heavy, foreign-sounding accents? If so, be careful how you approach any discussion about their speech. If supervisors or managers criticize workers’ accents, a national-origin discrimination lawsuit may be in your company’s future.
Employers that count FMLA-covered absences against employees are interfering with their FMLA rights. Before you make a final termination decision based on poor attendance, make absolutely sure that you have excluded all possible FMLA leave.
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