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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Employers that count FMLA-covered absences against employees are interfering with their FMLA rights. Before you make a final termination decision based on poor attendance, make absolutely sure that you have excluded all possible FMLA leave.
If you have a no-violence rule, you don’t have to alter the punishment based on the employee’s personal history, no matter how tragic.
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.

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.

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.
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