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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Texas public employees who work under a contract don’t have a property interest in that job once the contract expires. That means they can’t sue for deprivation of property.
Make sure you document exactly when and why you decided to terminate an employee, even if you must wait until later to tell the employee.
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

Some employers have strict rules that prohibit supervisors from getting involved in subordinates’ personal problems—or treating them badly. That’s fine. Employers are free to set their own supervisory standards, and a subor­dinate’s behavior doesn’t excuse a supervisor’s out-of-bounds reaction.

Here’s a caution about workplace logistics such as office assignments, work schedules and other supervisor actions that members of a particular protected class could view as hostile: If the result is any kind of workforce “segregation,” make sure you have a good underlying business reason that has nothing to do with race, sex, etc.

Here’s a situation that many HR professionals dread: An employee complains about discrimination and you fix the problem. Then there are workplace changes and it looks as if the employee will lose her job. Should you worry about retaliation? Not so much that you start treating the employee with kid gloves.

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Employers have a right to expect em­­ployees to follow the work rules laid out for them. Employees who are terminated for breaking those rules won’t be eligible for unemployment compensation because it was their fault they were discharged.
Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.
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