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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Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.
When supervisors act out of anger or ignorance, the result is seldom good.
OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village driver who reported that his truck had brake problems.

Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

Make sure before you fire someone that she’s been paid everything she is owed. And if the employee has complained about pay irregularities, be sure to investigate right away.
Highmark Blue Shield has terminated its CEO in the wake of criminal charges that he attacked the husband of a former employee with whom he was having an affair.
Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.
Employers can’t fire employees for refusing to engage in criminal acts. But that doesn’t mean em­­ployees can proclaim “That’s illegal!” and expect to get away with what is really insubordination.
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