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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The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.
If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work perform­ance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.
How much your organization pays for unemployment insurance is based, in part, on how many 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.
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for ­giving Franco the lousy grade?
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

There’s some good news for em­­ployers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.

A Houston manufacturer will pay $60,000 and provide other relief to settle an EEOC age discrimination lawsuit. According to the EEOC, Metallic Products Corp. had an unlawful mandatory policy that required em­­ployees to retire when they reached age 70.

Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.
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