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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Akron-based Goodyear Tire & Rubber faces charges of disability discrimination at a plant in North Carolina after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.
The same individual who hired an employee should also fire that em­­­ployee if necessary. Courts typically reason that no prejudiced person would hire someone and then later fire him because of discrimination, having known all along about the employee’s protected characteristics.
Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for ­employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.

Occasionally, you’ll run across an employee who has a hard time performing up to expectations and won’t accept suggestions to improve. If he belongs to a protected class, you may worry about a lawsuit if you terminate him. That shouldn’t be a problem if you take the time to document problems before termination.

An Ohio science teacher who unsuccessfully sued to win back his job after being fired for branding a cross on a student’s arm and proselytizing his Chris­tian beliefs in the classroom has filed an appeal in federal court.

HR Law 101:  OSHA's special whistle-blower program is designed to protect workers who report employer wrongdoing or dangerous conditions. Under the program, employers may not retaliate or discriminate against workers who file complaints with OSHA ...

Poor communications with employees isn’t just bad for business. It also creates a work environment that’s ripe for legal trouble. Stay out of the courtroom by taking time to explain your actions and make the workplace seem rational to employees. Here's how.

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee’s manager discovered that she has been calling the same disconnected number over and over again ... To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I’m wondering what we should say?

While the law concerning acceptable employee use of social media remains uncertain, the NLRB is starting to shed more light on what conduct is acceptable under the National Labor Relations Act. The NLRB has issued a decision in Karl Knauz Motors Inc., holding that Knauz did not violate the NLRA when it terminated an employee.