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 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 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.

Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Are you hearing that a supervisor is making less than flattering statements about a disabled employee or disabled individuals in general? Then it’s time to call in the supervisor and explain to her it has to stop. That’s especially true if the super­visor happens to have a disabled ­employee under her direction and recommends that the employee should be terminated.

Courts are suspicious when em­ployees who have recently returned from FMLA leave are suddenly fired. Yet, chances are you will at some point have to terminate an employee following FMLA leave. Just make sure you can explain why, backed up by solid and contemporaneous documentation.
Employees who have been fired generally qualify for unemployment benefits unless they were terminated for misconduct. But “misconduct” is broadly defined. It can even include rude or snippy behavior that shows an employee doesn’t really care.

The EEOC is suing Pantego-based Tideland Electric Membership Corp., claiming it failed to accommodate a disabled employee. Jeffrey Erdman suffers from a chronic pain condition, but with the help of prescription painkillers, he was able to perform his job as an apprentice lineman. However, when Tideland learned of Erdman’s condition and the narcotic prescribed for his pain, it fired him.

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