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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HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring ...

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements ...

Planned layoffs are at a record low heading into 2015, according to a survey released Dec. 3 by the nonprofit total rewards association WorldatWork.

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization ...

Philadelphia-based Comcast’s much maligned customer service has taken another hit. This time a Cali­­f­or­­nia man claims a cable TV billing dispute caused him to lose his job with Price­­waterhouse­­Coopers.
Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if the police drop the charges. What matters is that you have an honest belief that the em­­ployee broke company conduct rules—even if you end up being wrong.
The former billing manager for Abing­­ton Memorial Hospital in Mont­­gomery County, Pennsylvania, has filed a ­­whistle-blower suit against her former employer. She claims she was fired for alleging that the hospital lab mislabeled blood samples to increase the fees it could charge.

HR Law 101: The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made changes to three areas of the continuing-coverage rules that apply to group health plans under COBRA ...

Employees may begin suspecting that their job is in danger before management has a chance to implement a discharge decision. That’s when you can expect them to complain about harassment or discrimination. Or, in Minnesota, they may request a copy of their personnel file to see what’s in it and prepare for a potential lawsuit. Beat that strategy by carefully documenting the discharge process.

Generally, Pennsylvania employees who aren’t union members or don’t have a written employment agreement are at-will employees who can be fired for any reason or no reason at all. There’s one major exception: Employers can’t fire at-will employees because of their protected characteristics. But there is a second exception gaining prominence in court cases.

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