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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Employees have tight deadlines for filing discrimination complaints. But the clock doesn’t start ticking on those deadlines until the employee knows he’s been fired. If you’re terminating someone, be sure to make that clear!

Q. We keep hearing that retaliation can be a bigger lawsuit worry for employers than even discrimination or harassment. What kinds of employment laws impose retaliation liability?
Here’s a reminder if you work at a Texas public university or another state-affiliated organization: Employees may have a “property interest” in their jobs. That means they’re entitled to receive notice that they are being fired—and to challenge the decision.
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.
Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?
Q. I’ve been hearing a new term lately: “cat’s paw” lia­bil­ity. What is it, and why should I be worried about it?
You knew it was going to happen. With so much revenue at stake, the IRS has begun correspondence audits of employers that claimed the 6.2% Social Secur­ity credit against wages paid to new hires under the 2010 Hiring Incentives to Restore Employment (HIRE) Act.

While theft is a firing offense at Caesars, so too is running an experiment without a control group. Gary Loveman, CEO, president and chairman of Caesars Entertainment, puts a continued focus on data analysis and small-scale testing that can scale into companywide initiatives.

Overtime pay. Discrimination. Family leave. Harassment ... Federal employment laws govern all of these issues – and many more – that you deal with at some point in your career.  It's important for supervisors and managers to know the basics of how to comply with those laws. Here's a list of the top 10 most important federal employment laws:

Reductions in force (RIFs) are fertile ground for employee lawsuits to sprout up. But as this ruling last month shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …
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