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!
When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.
When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.
Not everyone is cut out to be a boss. Some employees just can’t direct others or criticize their work. If a supervisor can’t—or won’t—do his job, termination may be inevitable.
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.
If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.
Employees don’t qualify for unemployment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Misconduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.