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 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.

The Supreme Court of Ohio has just created a new avenue for at-will employees who are discharged and want to claim their firing violates public policy. In the following case, the court ruled that employees who are fired after reporting an on-the-job injury but before they have a chance to file a workers’ compensation claim can sue for wrongful discharge in violation of public policy.
Employers that can show they fired an employee for violating a company policy will generally win any subsequent lawsuit—if they can show they reasonably believed that’s what happened. It doesn’t matter if later it turns out the employer was wrong.
A former employee of Texas Energy Service is suing the company under Title VII of the Civil Rights Act, alleging it fired him because he is black.
Here’s something to consider when terminating an older employee, while leaving younger ones in place: If your organization is sued, don’t expect the case to be tossed early on. Instead, brace for protracted litigation.

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.

An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.
A former employee at a North Carolina Walmart has lost a novel claim that could have opened the litigation floodgates in North Carolina and destroyed the at-will employment concept. He sued, alleging he had been forced to reveal why he had been fired, which in effect amounted to self-defamation.
The 11th Cir­cuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Serv­ices Em­ployment and Reemployment Rights Act (USERRA).
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