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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HR Law 101: Your employee handbook should include statements on these topics: a welcoming letter from the CEO, rules and procedures, your employment policies, compensation and benefits, safety and health rules, an affirmative action statement and an acknowledgment receipt form ...

A school employee has lost her case against the school district after it fired her for testing positive for illegal drugs. She had argued she was forced to undergo drug testing on the threat of losing her job and that the testing violated her right to privacy and right to be free from unreasonable searches under the U.S. Constitution.
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. How big is the risk? Try six figures—or more.
An employee at Capital Title of Texas refused her boss's request to dye her gray hair and was fired. As you can guess, she sued for age discrimination and is awaiting her day in court … probably in front of a gray-haired judge.
When employees carry a chip on their shoulders, they may see dis­crimination in acts that are simply nor­mal workplace behavior. For­tu­nately, courts won’t allow dis­crimi­nation cases to go to trial if they’re based on nothing more than vague “feelings.”

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?

Employers have a tough call to make if an employee lands a short jail sentence. Discharging the worker may be the best option. But leniency may be more appropriate in other situations. If you can explain why you treated convicted employees differently, you should be legally OK.

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