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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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A March evening started out great for a waiter at the Angus Barn restaurant. One of his customers was NFL quarterback and well-known big tipper Peyton Manning, who left a $200 tip. The waiter was so excited he posted Manning's credit card slip in a photo on Facebook. Bad move ...

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.

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.
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions ... The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.
An em­­ployee may request FMLA leave after the decision has been made to terminate her but before finding out she’s about to lose her job. Employers that can prove they made the firing decision earlier won’t lose an FMLA failure-to-reinstate lawsuit.
Courts don’t want to second-guess every employment decision. They leave it up to employers to determine, for example, whether one rule violation is more serious than another. As the following case shows, employers are free to terminate employees who won’t listen.
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