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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Whenever an employee reveals a disability, employers must explore reasonable accommodations. The EEOC clearly doesn’t consider it reasonable to send an employee home and then fire him, as the following case shows.

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.
Employees who intentionally don’t follow directions are in­­sub­­ordinate. That means you can fire them—even if they recently filed discrimination charges. Just be sure you can justify your action.
Smart employers never ignore lawsuit filings—even if the allegations sound ridiculous and they’re coming from someone who is acting as her own lawyer.
Akron-based Goodyear Tire & Rubber faces charges of disability discrimination at a plant in North Carolina after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.

Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for ­employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

Employees who need time off for childbirth but who aren’t eligible for FMLA leave aren’t entitled to additional protection under Ohio law. You can terminate the employee if your leave policies don’t provide another way to take time off. But if the former employee is ready to return after childbirth, beware rejecting her if she tries to reapply for an open position.

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