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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Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.

When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

OSHA has ordered Orlando-based AirTran to pay $1 million in damages after it found the airline retaliated against a pilot reporting safety problems.
If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work perform­ance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.
How much your organization pays for unemployment insurance is based, in part, on how many former employees have successfully filed claims against you. Under­­standing who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low.
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for ­giving Franco the lousy grade?
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!
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