Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.
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!
Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.
Some employees are less than honest about their absences. From the “Monday morning flu” to claiming time off for nonexistent medical treatment, employees can get creative. But what can you do if you find out later that an employee has lied to get time off? Fire him for misrepresentation.
Employers have a tough call to make if an employee lands a short jail sentence. Discharging the worker may be the best option. But leniency may be more appropriate in other situations. If you can explain why you treated convicted employees differently, you should be legally OK.