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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A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.
A March evening started out great for a waiter at the Angus Barn restaurant. One of his customers was NFL quarterback and well-known big tipper Peyton Manning, who left a $200 tip. The waiter was so excited he posted Manning's credit card slip in a photo on Facebook. Bad move ...
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.
The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.
Courts don’t want to second-guess every employment decision. They leave it up to employers to determine, for example, whether one rule violation is more serious than another. As the following case shows, employers are free to terminate employees who won’t listen.

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

If you terminate subpar workers, it goes without saying that you must be prepared to show they were, in fact, poor performers. Do so by using objective performance measures. Let the facts and figures speak for themselves.
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Remind supervisors and managers to stick with verifiable and documented facts when writing up an employee for poor performance, a mistake or other disciplinary matter. That’s because a false write-up could be grounds for a later defamation lawsuit.

Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.
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