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!
Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.
It’s never a good idea to “throw the book” at an employee just because a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.
Don’t let the fear of litigation keep you from making necessary decisions. Sometimes, you have to discipline employees for the good of the organization.
In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off employee sues.
Bosses may not like it, but employees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination ...
Sometimes, it’s clear that unless an employee shapes up, she’ll have to be fired. Argumentative, insubordinate employees who balk at even minor requests fall into that category. Carefully document infractions so when termination time comes, you have specific examples.
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.
A federal trial court has reiterated that the important date for filing deadlines is not when an employee learns he was discriminated against, but when he was fired. Employees have to file their EEOC complaint within 300 days of discharge or they lose the right to sue.
When preparing to terminate a worker, you want to be able to produce the most solid documentation to defend a potential lawsuit. Just make sure supervisors know to document employee performance and behavior at the time it occurs—not just before or after the employee leaves the building.
Do you hand out periodic bonuses to employees? If so, be sure you can clearly describe how you calculate bonuses and what employees need to do to receive one. If you must later terminate an employee—and claim poor performance was the reason—she may point to the bonus as proof you fired her for discriminatory reasons.