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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Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.
Sometimes an employee pro­­moted to management just isn’t ready for new responsibilities. Maybe she’s having a hard time thinking like an exempt employee, longing for the days when she was entitled to breaks and overtime. Fortunately, if you discipline such employees for neglecting their duties, they can’t later claim they actually were hourly employees entitled to overtime.
When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.
The Court of Appeal of Florida has concluded that employees fired for poor attendance must have a chance to show they tried to comply with their employer’s attendance policies before they are denied unemployment compensation benefits.

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

Some employees can never seem to see that their bad attitudes and behaviors cause workplace problems. Confronted with complaints, they inevitably claim their subordinates or customers are wrong. When they’re finally terminated, they're quite likely to sue. That’s when it’s handy to have a performance appraisal process that uses 360-degree reviews.

There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.