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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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.

For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.
It’s a free country, right? Em­­ployees can express themselves however they want at work. Wrong. The right to free speech on the job only applies to public employees, and even then there are significant limitations.
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.
Here’s a tip to keep in mind the next time you must terminate an employee: Even if you don’t intend to tell the worker why he is being fired, be sure to carefully document the reasons. That way, if you are challenged later in court, you can point to the contemporaneously produced record as evidence you had a legitimate, business-related reason for your decision.

Smart employers make sure that no employee is ever punished for taking FMLA leave. They do that by carefully cataloging when every employee takes FMLA leave. And if they must discipline an employee for attendance problems, they spell out the reason why each absence counted toward punishment.

Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?
Here’s a great reason for insisting that all supervisors document their subordinates’ performance problems: If an employee later claims her manager behaved abusively, good documentation will support any discipline for poor performance. That could block a harassment lawsuit.
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.
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