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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If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.
A March evening started out great for a waiter at the Angus Barn restaurant. One of his customers was NFL quarterback and well-known big tipper Peyton Manning, who left a $200 tip. The waiter was so excited he posted Manning's credit card slip in a photo on Facebook. Bad move ...
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.
Under California law, a supervisor’s affair (and presumed favoritism) with a subordinate may be grounds for a hostile work environment claim by other subordinates.

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.

Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.
Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.
Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.
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