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!
When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.
Some jobs require co-workers to get along and support one another. An employee who isn’t a team player may cause enough problems to warrant termination. But “team player” is a subjective term.
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.
Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?
Q. Do I have to follow the WARN Act if someone buys my business?
Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.
Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other employees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.
A Manhattan court stenographer’s job dissatisfaction is part of the official record after he repeatedly typed, “I hate my job, I hate my job” into the transcripts of 30 trials.
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.
Here’s a bit of practical advice for that rare occasion when you may have to escort an employee off the premises: Make sure to have a second person there to help you. There’s credibility in numbers.