When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.
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!
A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?
It’s a simple fact: You can’t tell which of your employees might sue you one day or for what reason. Your only real protection is fairness. If you treat all employees equally and provide them with the same opportunities, training and discipline, chances are any lawsuit will eventually be dismissed.
Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.