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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HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.
Judges don’t expect you to put up with potentially dangerous employees. But if an employee believes he’s really being punished for something other than behavior, be careful. Focus on the employees’ actual behavior, not subjective “feelings” you got when observing him.
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring ...

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements ...

Planned layoffs are at a record low heading into 2015, according to a survey released Dec. 3 by the nonprofit total rewards association WorldatWork.

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization ...

Philadelphia-based Comcast’s much maligned customer service has taken another hit. This time a Cali­­f­or­­nia man claims a cable TV billing dispute caused him to lose his job with Price­­waterhouse­­Coopers.
Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if the police drop the charges. What matters is that you have an honest belief that the em­­ployee broke company conduct rules—even if you end up being wrong.
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