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!

Page 60 of 220« First...102030596061708090...Last »
Q. We recently fired an employee because of insubordination and anger-management issues. The termination meeting, not surprisingly, didn’t go well and the employee became very agitated. He made some statements that could be interpreted as vague threats against his supervisor and our company. Is there anything we can or should do to protect ourselves from this former employee?
It’s been an open question whether Cali­for­nia’s Fair Employment and Hous­ing Act allows employers to punish a mentally ill employee whose disease makes her act out. Now the answer is clear: You can punish mentally disabled employees for threats or violence against co-workers.
Employees sometimes think that employers have to accommodate all their schedule requests. Not usually. Often, employees fired for refusing to work their scheduled hours expect to receive unemployment benefits.

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.

Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.

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.

Page 60 of 220« First...102030596061708090...Last »