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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Smart employers never ignore lawsuit filings—even if the allegations sound ridiculous and they’re coming from someone who is acting as her own lawyer.
Akron-based Goodyear Tire & Rubber faces charges of disability discrimination at a plant in North Carolina after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.

Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for ­employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

Employees who need time off for childbirth but who aren’t eligible for FMLA leave aren’t entitled to additional protection under Ohio law. You can terminate the employee if your leave policies don’t provide another way to take time off. But if the former employee is ready to return after childbirth, beware rejecting her if she tries to reapply for an open position.

When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

When terminating several em­­ployees at the same time, make sure you have carefully documented the reasons. That’s especially important if the employees share common protected characteristics such as age. You want to be prepared for a lawsuit if they decide the real reason they lost their jobs was their protected characteristic.

When an employee complains about perceived discrimination, how you treat the worker can greatly affect the outcome if the case reaches court. The best approach: Handle the case professionally, at the HR function level.

Berkeley School District 87 in Chi­­cago’s western suburbs has settled a controversial religious discrimination complaint filed by a Muslim teacher who sought unpaid leave to make a pilgrimage to Saudi Arabia.
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