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 tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Occasionally, you’ll run across an employee who has a hard time performing up to expectations and won’t accept suggestions to improve. If he belongs to a protected class, you may worry about a lawsuit if you terminate him. That shouldn’t be a problem if you take the time to document problems before termination.

The EEOC has filed suit against Medi­­cal Specialties Inc., alleging it discriminated against Evelyn Lock­­­­­­hart because of her religion. She is a member of a Christian denomination whose practitioners are forbidden to work on certain days.

A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.
Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Com­­missioners and the county’s director of human services.
Whenever an employee reveals a disability, employers must explore reasonable accommodations. The EEOC clearly doesn’t consider it reasonable to send an employee home and then fire him, as the following case shows.

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.
Employees who intentionally don’t follow directions are in­­sub­­ordinate. That means you can fire them—even if they recently filed discrimination charges. Just be sure you can justify your action.
Smart employers never ignore lawsuit filings—even if the allegations sound ridiculous and they’re coming from someone who is acting as her own lawyer.
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