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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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.
Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.
Q. We recently fired an employee for misconduct. She now claims we have to buy out all the vacation time she had not used. Do we have a legal obligation to pay her for accrued and unused vacation time?

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

Minneapolis-based grocery chain Supervalu faces a lawsuit from a former employee at a distribution center in Pennsylvania. Long-time employee Terri Wolfinger claims the company changed the lifting requirements in her job description to prevent her from returning to work after she injured her arm.

To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

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