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!
Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the employee was insubordinate can quickly win such cases.
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.
OSHA has ordered Orlando-based AirTran to pay $1 million in damages after it found the airline retaliated against a pilot reporting safety problems.
If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work performance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.
How much your organization pays for unemployment insurance is based, in part, on how many former employees have successfully filed claims against you. Understanding who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low.
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for giving Franco the lousy grade?
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor performer, rubber-stamping that decision can mean losing a discrimination lawsuit.
Plenty of employers vigorously enforce their work rules when employees break them. But not every employee deserves exactly the same punishment if there are differences in their conduct. That’s why it’s important to document every detail.