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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There’s some good news for em­­ployers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.

Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.
How to avoid the two most common pitfalls in writing performance reviews.

Sometimes, layoffs are inevitable … and they’re always a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who to hire. Look at the jobs that will survive and select the employees who best fit those jobs.

If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:

Supervisors can learn a lot from others' mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.
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.”
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