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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How much your organization pays for unemployment in­­surance is based, in part, on how many of your former employees have successfully filed claims against you. Under­standing who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low. It starts with how you terminate an employee.

What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for ­giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.

An employee has sued for religious discimination after he was fired from a plastics plant for refusing to wear a sticker saying 666, noting the number of days the plant has gone accident-free. The employee noted his “sincere religious belief that to wear the number 666 would be to accept the mark of the beast and be condemned to hell.”

Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?

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.

When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.
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