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 don’t always see eye to eye on discipline, performance appraisals or other workplace issues. But as long as you reasonably believe that your discipline was appropriate or your evaluation was on the money, you have little to fear. Simply put, the employee doesn’t get to second-guess your reasons.
One of the worst things you can do when you fire an employee is to provide shifting explanations for the discharge. The best approach: Talk to your lawyer before you terminate, to clarify exactly what your reasons are.
Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?
Employees are entitled to fair treatment, but that doesn’t mean HR has to become a court of law and prove beyond a reasonable doubt that an employee did something deserving of discharge. As long as you reasonably believe an employee broke a rule or otherwise did something deserving of discharge, a termination will stand up to a legal challenge.
When an employee’s candy bar got snagged in a vending machine, he got a little out of hand: He banged on it and rocked it. When the 90-cent Twix bar still didn’t fall, he got way out of hand ...
Q. We are relocating to another state. While several employees will not be given relocation packages, I do plan to give them severance packages. Is it legal to require them to stay to a certain date in order to receive the severance?
Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.
Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.
According to a CareerBuilder survey of 2,200 managers, one in three (35%) employers have fired an employee for tardiness, and 48% of employers expect their employees to be on time every day.
Employers often worry when they respond to requests for an employee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.