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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Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.
Here’s something to remember the next time you agonize over discharging an employee for breaking a rule: While you should treat all employees honestly, you don’t have to conduct a mini trial to determine “guilt.” It’s enough to believe you had a legitimate reason to fire the employee—even if it later turns out you were wrong.

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

Do you have one of those em­­ployees who are never happy and always seem to find something to complain about? It may be tempting to ignore the constant complaining or chalk it all up to personality conflicts, but that would probably be a mistake. Carefully document the tension and your response.
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

If two employees break the same workplace rule, they should receive the same punishment. But that doesn’t mean you can’t distinguish between degrees of culpability. It’s perfectly fine to terminate an employee who has a long history of rule breaking and retain another because it’s a first offense.

How to avoid the two most common pitfalls in writing performance reviews.

Sometimes, layoffs are inevitable … and they’re always a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who to hire. Look at the jobs that will survive and select the employees who best fit those jobs.

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