Almost every employer understands that they can’t discriminate against employees on the basis of race. But race discrimination protections also apply even when employers contract out their work. Contractors who believe they have suffered bias can sue under the Equal Protection Clause of the U.S. Constitution.
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!
In tough economic times, people who lose their jobs often have to file for bankruptcy. But some employers frown on bankruptcy and don’t want to hire someone who can’t pay his or her bills. Now the 5th Circuit Court of Appeals has ruled that a private employer is free to turn down an applicant because he or she filed for bankruptcy.
Michael DeMarquis worked for the Bexar County Office of the Constable for only five months, but between August and December 2009, he says he compiled an extensive list of illegal practices. Now he’s suing the law enforcement agency, claiming he was fired from his job as a warrant clerk in retaliation after he uncovered the following:
The health care reform law requires you to report the value of employees’ health benefits on their W-2 forms. The IRS waived mandatory reporting for 2011, pending future guidance. Now the guidance has been released. It requires employers filing 250 or more W-2s to report beginning with 2012 W-2s that are filed in 2013.
Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. For example, the National Labor Relations Board recently announced that a nonunionized employer will pay $900,000 to two fired employees to settle charges that it violated the NLRA. Here's a compliance primer.
Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.