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!

Page 70 of 221« First...1020306970718090100...Last »
Q. My husband is receiving a corporate buyout. Will the severance pay be subject to payroll taxes?
Typically, employees who file discrimination lawsuits try to show they were treated poorly because of preconceived notions about their protected category (age, religion, sex, disability status, etc.). But be aware of this twist: Stereotypes that seem positive at first blush can also be the basis for discrimination claims.
The U.S. Supreme Court last month widened the circle of people who can bring retaliation lawsuits under Title VII of the Civil Rights Act. As a result, HR and supervisors everywhere must be extra cautious about handing out discipline or terminations that could be construed as some sort of retaliation.

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Employers have a right to defend themselves if an employee sues them for discriminating in a way that inflicts emotional distress. Now a court has agreed that employers are entitled to see medical records dating back two years from the time of the alleged discrimination that the employee says triggered the emotional distress.
Employees who believe they work in a hostile environment can quit and claim they were “constructively discharged,” arguing that no reasonable person would stay and suffer intolerable conditions. But when an employer responds to a resignation with entreaties to stay, chances are the employee will have a hard time arguing things were so terrible she had to quit.
Employers have an obligation to try to prevent harassment when it erupts. But courts often give an “A” for effort. They won’t measure your efforts solely by whether your prevention strategy worked.
Here’s a bit of good news for HR professionals who worry that they aren’t conducting perfect investigations. Courts just want to see employers act reasonably. That doesn’t mean investigations must prove employee misconduct beyond a reasonable doubt.

North Carolina has stringent rules to ensure that employers test their employees for drug use in an accurate and reliable way. The law requires retaining enough of the blood or urine sample so a second test can be conducted if necessary. However, the law doesn’t require employers to tell employees about their retesting rights.

Page 70 of 221« First...1020306970718090100...Last »