You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.
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!
Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.
In Minnesota, employees who suffer from a serious illness can still collect unemployment compensation if they ask their employers for an accommodation. If none is available, then the employee can collect benefits if he can’t work. But employees must tell their employers about their medical condition.
Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.