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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While some disabilities may make it more difficult for workers to control their temper or otherwise respond to nonverbal cues, that doesn’t mean those workers are excused from complying with behavioral rules. You can and should punish anyone who makes workplace threats regardless of disability status.
When announcing a termination, make sure no one says anything that’s potentially defamatory. Keep the announcement professional and don’t make gratuitous comments, no matter the reason. Tell only those who need to know why the firing happened.
When an employee is fired for failing to follow call-off procedures when sick, he may lose unemployment benefits. That’s because violating the rules constitutes willful misconduct.

Some workers who learn they’re about to be disciplined or even fired for poor behavior may try to use an alleged disability as an excuse. But if they never revealed before that they have a disability, it’s too late to try that tactic on the eve of being punushed.

After a young, inexperienced driver for the Philadelphia Parking Authority accidentally ran over and killed a fellow employee, managers convened a grief counseling session. An already difficult gathering took a turn for the worse when the grief counselor asked for ideas on how to prevent such accidents ...
If a marginal employee is having a hard time getting along with his boss, think about giving him a second chance with a new supervisor. It may help—and it won’t hurt if you still end up firing the employee.
Think an employee is acting disrespectfully? Firing him for insubordination will probably stick.
You have the right to expect honesty from your employees. You can fire if you reasonably believe an employee lied about an absence, knowing that you are on safe legal ground if the employee sues.
A Texas appellate court has upheld the discharge of a teacher for financial reasons. The case shows school districts have great discretion to determine which employees to cut and don’t have to be bogged down in a detailed examination.

Discharged employees often sue, counting on their protected status—based on race, sex, national origin and so on—to create the impression that they were fired for discriminatory reasons. That’s why it’s important to use a progressive discipline system. It lets you counter discrimination allegations with solid, documented performance or behavior problems that warranted discharge.