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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Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?
Employers have a right to expect em­­ployees to follow the work rules laid out for them. Employees who are terminated for breaking those rules won’t be eligible for unemployment compensation because it was their fault they were discharged.

Hesitant to fire an employee because of his race, religion or other pro­­tected characteristic? Don’t be. Employers with legitimate reasons to discharge someone generally win cases. That’s true even if the firing might appear discriminatory—such as when the sole fired employee happens to belong to a protected class.

Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.
When deciding who should get the ax during cost-cutting reductions in force, use as many objective factors as possible. For example, use performance measures that include specific achieve­­­ments and rankings based on those achievements.
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.
Texas public employees who work under a contract don’t have a property interest in that job once the contract expires. That means they can’t sue for deprivation of property.
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

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