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!
Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.
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.
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.
The EEOC has just won a significant legal victory without even having to go to trial. It recently alleged that some last-chance agreements automatically violate Title VII if they prevent employees from filing EEOC actions. The agreements in question contained a clause that had employees promising not to file discrimination charges in exchange for keeping their jobs.
You just terminated an employee for misconduct or poor performance. A few weeks later, you receive an EEOC complaint alleging that the employee suffered years of harassment and discrimination. If you didn’t have clear rules in place for reporting such conduct, you may be facing years of litigation.
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.