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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Q. We have a staff member with body odor so bad that other staff members have complained and even threatened to leave the company. The employee has been disciplined several times and required to go home without pay until she agrees to comply with our grooming code. At what point can we legally terminate her?
To avoid needless litigation, make sure someone else sits in on termination meetings.
Texas public employees who work under a contract don’t have a property interest in that job once the contract expires. That means they can’t sue for deprivation of property.
Make sure you document exactly when and why you decided to terminate an employee, even if you must wait until later to tell the employee.
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

Some employers have strict rules that prohibit supervisors from getting involved in subordinates’ personal problems—or treating them badly. That’s fine. Employers are free to set their own supervisory standards, and a subor­dinate’s behavior doesn’t excuse a supervisor’s out-of-bounds reaction.

Here’s a caution about workplace logistics such as office assignments, work schedules and other supervisor actions that members of a particular protected class could view as hostile: If the result is any kind of workforce “segregation,” make sure you have a good underlying business reason that has nothing to do with race, sex, etc.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.