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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Before you decide to terminate em­­ployees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.
A woman fired from a Children’s Lighthouse Learning Center franchise in Katy, Texas, is suing her former employer after refusing to address a transgender child as a male.
Professors who teach at public institutions and have tenure are generally protected from job cuts. But under some circumstances, they still may lose their jobs.
Supervisors sometimes make comments that in retrospect may have been insensitive. That doesn’t mean an employee has a “get out of jail free” card for misbehaving. You can still discipline an insubordinate employee.
Sometimes, you realize you made a mistake with an employee. When that mistake could be fixed with a prompt offer to reinstate a fired worker, it’s best to make the offer sooner rather than later. As one employer recently learned, waiting until after the jury tells you how much you owe in future lost wages will be too late.
Employees terminated for dishonesty aren’t entitled to unemployment compensation benefits. And being dishonest can involve breaking company rules to gain an advantage even if there’s no direct theft involved. Just be sure that before you terminate the worker for breaking the rule, you document the incident and can explain why you believe she acted dishonestly.
Most managers know that it’s against the law to discriminate against employees and applicants because of their race, gender, age, religion or disability. But you may not know that those same federal laws also make it illegal for employers and supervisors to retaliate in any way against employees who voice complaints about on-the-job discrimination.
While some disabilities may make it more difficult for workers to control their temper or otherwise respond to nonverbal cues, that doesn’t mean those workers are excused from complying with behavioral rules. You can and should punish anyone who makes workplace threats regardless of disability status.
Are you really sure you want to press that button just yet? Run a few things through your mind before picking up the phone ... or making the long hard walk down the hallway.
When announcing a termination, make sure no one says anything that’s potentially defamatory. Keep the announcement professional and don’t make gratuitous comments, no matter the reason. Tell only those who need to know why the firing happened.
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