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!
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:
Here’s some help for HR professionals trying to do all they can to safeguard their organization’s exempt/nonexempt employee classifications—especially in an economic climate that requires companies to do more with less:
Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. For example, the National Labor Relations Board recently announced that a nonunionized employer will pay $900,000 to two fired employees to settle charges that it violated the NLRA. Here's a compliance primer.
Q. Our mailroom supervisor is currently classified as exempt because his position includes qualifications such as hiring and firing the mailroom staff. But for the most part, he mainly performs mailroom duties. Have we classified him correctly?
A five-week trial in Cumberland County has ended in a win for a former manager at Goodyear Tire & Rubber Co.’s Fayetteville plant. The jury awarded the employee $450,000 in compensatory damages for retaliation and emotional distress.
Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.
A West Texas A&M University violin instructor, who is also a member of the university’s acclaimed Harrington String Quartet, has agreed to settle a lawsuit that alleged she was fired after she missed work due to pregnancy complications and subsequent time off she took after giving birth.
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.
Many employers don’t like to provide specific reasons for firing someone. Instead, they simply tell the employee that he is being terminated from his at-will employment. Don’t take that as an excuse not to document the reason you are terminating the employee.
The U.S. Supreme Court has ruled that to prove age discrimination, employees have to show that age was the sole reason for an adverse employment action. That usually means employees can’t claim that other types of discrimination were also in play.