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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OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.
Did an employee lie about an illness and abuse FMLA leave? As long as you honestly and in good faith believe the employee was dishonest, your disciplinary decision will hold up in court.

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.
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.

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

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