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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Heads are rolling in Norfolk, Va., following the discovery that a government worker who was suspended 12 years ago and hasn’t done a day of work since then has been drawing a paycheck the whole time. And get this: Now that she’s been officially fired, she’s suing.
In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.

With the most recent U.S. Supreme Court pronouncement on retaliation, it’s now clearly impermissible to punish someone who is closely related to an employee who has filed an EEOC complaint or lawsuit. But you can protect yourself by limiting who within the company knows about litigation.

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

It seems administrators at Philadelphia’s Chestnut Hill College didn’t know one of their employees as well as they thought they did. The Rev. James St. George had been teaching Bible studies, theology and justice courses at the Catholic college since 2009. When St. George wrote in a blog posting that he is gay, the college fired him.

Employees who complain about discrimination or harassment are protected from retaliation. But some of them mistakenly believe that complaining makes them invincible. That’s not true. Employers can discipline any employee who deserves it—including those who have complained—as long as the rules are applied fairly.

Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

The U.S. Supreme Court has held that an employee who was fired shortly after his fiancée filed a bias charge against their employer may sue for third-party retaliation under Title VII. According to the court, the employee could be considered an “aggrieved person” because he was “well within the zone of interests sought to be protected by Title VII.” What's the practical impact for employers?

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