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!
Here’s a case that shows you can’t have it both ways. A Texas appeals court has concluded that an employer can’t enforce an employment contract against an employee when that contract specifies that the employee remains an at-will employee.
Some employees are less than honest about their absences. From the “Monday morning flu” to claiming time off for nonexistent medical treatment, employees can get creative. But what can you do if you find out later that an employee has lied to get time off? Fire him for misrepresentation.
Employees who take FMLA leave are usually eligible for reinstatement, but not always. If you were going to eliminate the position anyway, the employee may be out of luck. Before you deny reinstatement, be sure you can clearly show that the position was cut for reasons completely unrelated to the employee’s FMLA leave.
Capping what State House officials called a “collaborative model for other states to follow,” Gov. Pat Quinn signed an education overhaul bill that makes it easier for school districts to fire teachers and strips many seniority protections teachers had. Setting the new legislation apart is the support it garnered from the powerful Chicago Teachers Union.
Performance improvement plans (PIPs) can help turn around subpar employees. But if you use PIPs, make sure you implement them equitably. For example, if you place a salesperson on a PIP to raise falling sales, then institute a PIP for everyone whose sales have fallen to the same level. That’s especially important if one of the employees is about to take FMLA leave or is pregnant.