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!
If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.
Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented employee performance.
The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!
Supervisors sometimes make the mistake—often during the hiring process or after employees pass a 60-day post-hire period—of using the term “permanent” when discussing their jobs. That essentially promises the person a job for life and it can destroy their at-will status.
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.
Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.
When Long Island’s Jones Beach required its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He refused to don the skimpy trunks for his test. The beach patrol fired Lester for insubordination.
An Arab-American of Moroccan descent has charged consulting giant PwC (formerly PricewatershouseCoopers) with discrimination and retaliation after it fired him and allegedly orchestrated his firing from another firm.