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!
Courts want to know exactly who decided the employee should be terminated, as well as the rationale.
Government workers have more protections than other employees when it comes to termination. For example, if a public employee is falsely charged with some form of misconduct, she may have a lawsuit. By all means, resist the temptation to make an example out of the fired employee.
Turnover is costly and time consuming, so you should do everything in your power to coach employees to turn around poor performance and behaviors. However, if after several attempts to rehabilitate the following types, you see no improvement, you may need to cut them loose to protect the morale and productivity of the rest of your staff.
The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.
Employees who use a post-termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.
While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.
When faced with negative reviews and worried about losing their jobs, some employees file internal discrimination complaints in an effort to avoid discipline. Don’t play that game!
A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.
Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.
Sometimes, it becomes obvious soon after hiring an employee that he is not going to work out as expected. But what if you still want to give him a chance?