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!
You can’t retaliate against employees who complain about alleged discrimination in the workplace. But what’s retaliation? Tense working conditions don’t always fit that bill. There can be many explanations for rising tensions that have nothing to do with a discrimination complaint.
It happens—employers make mistakes. Under most circumstances, however, those mistakes won’t turn into successful employee discrimination lawsuits. That’s because employees have to prove that both the decision and the underlying facts were wrong and were used as an excuse to discriminate.
When disciplining conduct that violates company policies, remember that you have leeway to come up with appropriate punishment based on the specifics of each incident. Just make sure you document the conduct, what rules it violated and why each employee deserved the punishment he or she received.
Illinois has strict laws against recording telephone conversations without permission. But those laws allow recording if a party to the conversation believes a crime is being or is about to be committed. In some cases, that means you can use a recorded phone call as the basis for termination.
Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.
If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim. Jathan Janove tells you how.