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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Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?

Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.

Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Com­­missioners and the county’s director of human services.
When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.
When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

When terminating several em­­ployees at the same time, make sure you have carefully documented the reasons. That’s especially important if the employees share common protected characteristics such as age. You want to be prepared for a lawsuit if they decide the real reason they lost their jobs was their protected characteristic.

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