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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Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?
For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
Here’s a case that shows how not to handle a discharge based on alleged wrongdoing on the part of a super­visor and his subordinate.
It’s a free country, right? Em­­ployees can express themselves however they want at work. Wrong. The right to free speech on the job only applies to public employees, and even then there are significant limitations.
Here’s a great reason for insisting that all supervisors document their subordinates’ performance problems: If an employee later claims her manager behaved abusively, good documentation will support any discipline for poor performance. That could block a harassment lawsuit.
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.
Q. You’ve written that we can’t fire employees for their “concerted activity,” like talking about pay or bosses, and we may have to live with certain complaining via social media. But are there limits?
GameStop, the video-game retailer, fired an employee recently for tweeting two pictures of himself “planking” on the store counter and between two merchandise kiosks. GameStop has a policy that says employees can be terminated for online activity that puts the company in a bad light.
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