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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Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.
OSHA has ordered Orlando-based AirTran to pay $1 million in damages after it found the airline retaliated against a pilot reporting safety problems.
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions ... The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.
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.
If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work perform­ance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.
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