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!
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
It’s a free country, right? Employees can express themselves however they want at work. Wrong. The right to free speech on the job only applies to public employees, and even then there are significant limitations.
Here’s a case that shows how not to handle a discharge based on alleged wrongdoing on the part of a supervisor and his subordinate.
Smart employers make sure that no employee is ever punished for taking FMLA leave. They do that by carefully cataloging when every employee takes FMLA leave. And if they must discipline an employee for attendance problems, they spell out the reason why each absence counted toward punishment.
When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.
Here’s a great reason for insisting that all supervisors document their subordinates’ performance problems: If an employee later claims her manager behaved abusively, good documentation will support any discipline for poor performance. That could block a harassment lawsuit.
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.
Q. You’ve written that we can’t fire employees for their “concerted activity,” like talking about pay or bosses, and we may have to live with certain complaining via social media. But are there limits?