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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Ignoring a discrimination complaint can set in motion an un­­stop­­pable litigation train wreck. That’s especially true if you fail to in­­vestigate a boss who ends up retaliating against the complaining employee.

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

If two employees break the same workplace rule, they should receive the same punishment. But that doesn’t mean you can’t distinguish between degrees of culpability. It’s perfectly fine to terminate an employee who has a long history of rule breaking and retain another because it’s a first offense.

Here’s something to remember the next time you agonize over discharging an employee for breaking a rule: While you should treat all employees honestly, you don’t have to conduct a mini trial to determine “guilt.” It’s enough to believe you had a legitimate reason to fire the employee—even if it later turns out you were wrong.

A Houston manufacturer will pay $60,000 and provide other relief to settle an EEOC age discrimination lawsuit. According to the EEOC, Metallic Products Corp. had an unlawful mandatory policy that required em­­ployees to retire when they reached age 70.

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.
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