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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New hires at public relations agency Steinreich Communications spend their days participating in client meetings and brainstorming sessions with their new colleagues. It’s all part of a first-year program devoted to honing skills in client service, writing and placing client stories in the media.
Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?
Employees are increasingly using their personal smartphones for work purposes. But when employees depart, those phones may contain a wealth of confidential company data. What to do?

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.
Judges don’t expect you to put up with potentially dangerous employees. But if an employee believes he’s really being punished for something other than behavior, be careful. Focus on the employees’ actual behavior, not subjective “feelings” you got when observing him.
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

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 ...

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