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 Houston manufacturer will pay $60,000 and provide other relief to settle an EEOC age discrimination lawsuit. According to the EEOC, Metallic Products Corp. had an unlawful mandatory policy that required em­­ployees to retire when they reached age 70.

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.
To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.
Plenty of employers vigorously en­­force their work rules when employees break them. But not every employee deserves exactly the same punishment if there are differences in their conduct. That’s why it’s important to document every detail.
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

There’s some good news for em­­ployers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.

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