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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Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.
It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

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