Firing — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 51
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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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Courts don’t want to second-guess employers unless they feel they have no alternative. When an employee charges discrimination based on different treatment because he belongs to a protected class, the court first looks at the employer’s rules and tries to see if they have been enforced consistently.

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.
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 ...
Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.
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.
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