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!
If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:
Supervisors can learn a lot from others' mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.
How much your organization pays for unemployment insurance is based, in part, on how many of your 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. It starts with how you terminate an employee.
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.
An employee has sued for religious discimination after he was fired from a plastics plant for refusing to wear a sticker saying 666, noting the number of days the plant has gone accident-free. The employee noted his “sincere religious belief that to wear the number 666 would be to accept the mark of the beast and be condemned to hell.”
Employers usually don’t have a problem terminating an employee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the employee and face a potential retaliation suit?
Berkeley School District 87 in Chicago’s western suburbs has settled a controversial religious discrimination complaint filed by a Muslim teacher who sought unpaid leave to make a pilgrimage to Saudi Arabia.
Akron-based Goodyear Tire & Rubber faces charges of disability discrimination at a plant in North Carolina after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.
The same individual who hired an employee should also fire that employee if necessary. Courts typically reason that no prejudiced person would hire someone and then later fire him because of discrimination, having known all along about the employee’s protected characteristics.
Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.