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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Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ ...

A North Carolina restaurant is facing an EEOC lawsuit after it disciplined and fired a 79-year-old employee.
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.
Employees fired for willful misconduct aren’t eligible for unemployment compensation. If you terminate someone for breaking a workplace rule, be prepared to prove that the employee knew about the rule and understood it.
Employees who have lost their jobs have very little to lose and everything to gain by suing their former employers. Your best defense when firing: Al­­ways carefully document a performance-related reason for the termination. That will trump all but the most egregious cases of supervisory expressions of bigotry.
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.
Here’s an important reminder for HR professionals handling em­­ployee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

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