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!
Hourly employees generally know that if they work overtime, their employer has to pay them for the extra hours. That’s true, but that doesn’t mean employees can work OT whenever they feel like it. Here’s how to end unauthorized overtime:
It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.
Do you live in fear of being sued for discrimination? Don’t let it compromise your legitimate decisions. If you’re confident that you have good reasons to fire someone, don’t worry about whom you hire to replace that employee. Even if the replacement is outside the fired employee’s protected class, she probably won’t be able to successfully sue you.
Employees sometimes quit and claim they had no choice because work conditions were so terrible. Sometimes, they sue. In most such cases—the argument is called “constructive discharge”—courts side with employers, provided there’s no evidence the employee suffered an adverse employment action such as a transfer, demotion or pay cut.
Sometimes, a handful of bitter employees can poison the workplace atmosphere so much that production falls. That doesn’t mean it’s always easy to figure out who’s to blame. Here’s one way that sometimes works: Conduct a thorough assessment of the workplace by interviewing all the employees. What you learn may surprise you and provide the impetus to make some sorely needed changes.