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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Does your call-in policy demand that employees contact their supervisors daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling last week said …
Suppose an employee tells you she needs to take a leave of absence due to an illness. Such leave could be covered under the FMLA. Her absence may cause you scheduling problems and extra work. That may be frustrating, but do your best not to show any emotion. Here's why.
If an employee has a disability it’s like they become untouchable, right? Wrong! As one court recently noted, following your policies consistently can be a lifesaver against claims of discrimination—even when terminated employees are in protected categories…

Valentine's Day may have come and gone, but love might still linger in the air at your workplace. If so, watch out! When office romances sour, scorned lovers often turn to the courts to allege that a former lover was a sexual harasser. Here are three tips to help make sure Cupid's arrow doesn't harm your organization.

In another example of the complex interplay between social media and HR, the National Labor Relations Board (NLRB) reached a settlement on Feb. 7, 2011, in the closely watched “Facebook Firing” case.
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?
Q. We’ve been keeping I-9 forms for an indefinite period. Now I hear we only have to keep them for three years for active employees and one year for terminated employees. Which is correct?

In what could be a groundbreaking case, the National Labor Relations Board filed an unfair labor practice complaint last month against a Connecticut company that fired a worker who complained about her supervisor on Facebook. This is the first case in which the NLRB has argued that workers’ criticisms on social networking sites are protected activity.

Remember the good ol’ days when you could fire someone based on performance? All you needed was proper documentation. Well, those days are over. The U.S. Supreme Court has created a whole new class of plaintiffs—and added an extra step to your termination checklist…
The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It's more important than ever to make sure your discipline policies pass the no-retaliation test.
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