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!
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?
Score one for common sense: People who want a job they see posted have to apply before they can sue for not getting it. A phone call to HR that was never returned can’t be grounds for a failure-to-hire lawsuit.
Courts don’t like it when employees are treated unfairly. On the other hand, judges don’t want to serve as HR courts, either. That’s why they generally defer to management decisions that seem fair and honest. Judges prefer it when employers investigate allegations of employee wrongdoing before they fire someone—but they don’t require that the investigation be perfect.
Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.