Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep careful disciplinary records showing everything you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.
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!
Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.
It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.
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.
Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless litigation and cost thousands of dollars in legal fees even if you win in the end.