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!
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.
If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim. Jathan Janove tells you how.
HR professionals or managers should always discuss performance or behavior problems with employees before disciplining them. After all, employees often admit their mistakes when confronted directly. And any admissions can be used later to support your disciplinary decision if the employee claims discrimination.
Friction often exists between HR and supervisors because those front-line bosses don’t fully understand your HR role … and they may hold certain stereotypes about your department. Advice: Set the stage for HR-management collaboration with an “HR for managers” meeting. Explain how key HR functions practically benefit managers and their departments.
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential discrimination claims.
Unemployment insurance benefits are designed to help employees who lose their jobs through no fault of their own. Since employers pay into the fund that pays out unemployment benefits, it's in your interest to contest benefits for undeserving former employees. Here's how to go about doing so.
A former employee of the Texas Health and Human Services Commission has accused the state agency of retaliation and discrimination on the basis of her religion—voodoo.
If you sometimes agonize over firing an employee for fear of litigation, relax. As long as you act honestly, the employee probably can’t successfully sue.
Some employees think they can walk out on their jobs as soon as it looks like their employer is going to violate their rights. Then they sue, arguing constructive discharge. But courts expect employees to give their employers a chance to right wrongs.
Mayor Rahm Emanuel’s handpicked candidate to lead Chicago’s school system faces two lawsuits dating from his three-year tenure as the head of Rochester, N.Y., schools.