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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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Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.

Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.

With the most recent U.S. Supreme Court pronouncement on retaliation, it’s now clearly impermissible to punish someone who is closely related to an employee who has filed an EEOC complaint or lawsuit. But you can protect yourself by limiting who within the company knows about litigation.

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

It seems administrators at Philadelphia’s Chestnut Hill College didn’t know one of their employees as well as they thought they did. The Rev. James St. George had been teaching Bible studies, theology and justice courses at the Catholic college since 2009. When St. George wrote in a blog posting that he is gay, the college fired him.

Employees who complain about discrimination or harassment are protected from retaliation. But some of them mistakenly believe that complaining makes them invincible. That’s not true. Employers can discipline any employee who deserves it—including those who have complained—as long as the rules are applied fairly.

After a three-year hiatus, the Social Security Administration has resumed sending no-match letters to employers, alerting them when employees’ Social Security numbers don’t correspond to numbers in the SSA’s database. Because the feds have offered no guidance on what no-match letters mean these days, experts fear confusion for employers.
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.
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:
Employees are now three-for-three in Supreme Court employment law cases this term, now that the High Court has ruled that an employee’s Fair Labor Standards Act complaints don’t have to be written to be protected from retaliation by their employers. Here's what happened...
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