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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Q. An employee frequently comes in late or is absent because of car troubles. Is this a justifiable reason for termination? To avoid this issue in the future, can we ask applicants if they have a reliable means of transportation to get to work?

When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.

Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment. But not every crude or stupid action is serious enough to bar benefits, as this case shows.

Q. We recently terminated an employee. He claims he is legally entitled to a letter outlining the reasons for his discharge. Is he correct?

When track coach and teacher Alvin Jackson was hired in September 2010, he became Frisco High School’s only black coach and core-subject teacher. Now he is suing the Frisco Independent School District, alleging that his contract wasn’t renewed this year because of race discrimination.
The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act, an older worker must show that she was replaced by a younger worker.
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.
He may not make the cast of “Bay­­watch,” but Jay Lieberfarb now has $65,000 that says Nassau County was wrong to fire him from his job as a lifeguard in 2009.

Employees who learn they’re being terminated don’t have much time to file an EEOC complaint—in New York, no more than 300 days. But some employees think they have 300 days from their last day at work. That’s incorrect. Instead, the clock starts ticking when the employee is first informed that she was losing her job.

What’s in a name? That’s what the Kettering Board of Education asked two years ago after Fairmont High School English teacher Michael Togliatti began calling his students “idiot,” “troll” and “hobbit.”
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