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!
Here’s an important reminder for all supervisors: Innocent age-related comments can come back to haunt you. That’s especially true if the comments come from someone who has a direct say in hiring and firing decisions.
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.
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.
It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.
When you have to investigate allegations that may lead to termination, it’s a good practice to conduct that investigation as independently as possible. That often means you will have to leave out of the picture any supervisors who have a negative history with the employee.
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.