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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Everyone occasionally says something insensitive. Fortunately, verbal blunders can’t form the basis of a lawsuit if the comments occurred ages ago.

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

Are you frustrated with an employee who seems to never get the job done right? Before you terminate her, give her plenty of opportunity to improve. Show her what she is supposed to do and document when she doesn’t.
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

Some employees who are being sexually harassed may be embarrassed or reluctant to talk about it. Rather than come out and say what happened, they beat around the bush. Smart employers document how they handle vague complaints—and take them just as seriously as other complaints.
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.
A Tyler nurse is suing the nursing home where she once worked, claiming she was fired in retaliation for filing an EEOC complaint.

Why should HR worry about what the IT department does? After all, you’re about people; they’re about hardware and software. But there is one time when HR must collaborate with IT, and that’s when the computer system crashes. All manner of HR mayhem can ensue, and you had better be able to explain it.

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