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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Many companies design succession plans so they can spot the next generation of leaders early and develop current employees to their full potential. If your organization is involved in such a process, step back and look: Does everyone who is tapped for special treatment come from the same race or gender? Or does the chosen group exclude older workers or the disabled?
The Supreme Court's latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Unfortunately, lawsuits often come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in a termination meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that reason.

Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?
Employee claims of job discrimination to the EEOC spiked above 99,000 last year, the highest total ever. On Jan. 11, the EEOC released more details, and those numbers yield three important lessons for employers:
Protesters have been picketing some of Minnesota’s 50 Chipotle restaurants after the McDonald’s-owned company fired hundreds of workers—mainly Latino—because they lacked proper documentation. The firings followed an audit by ICE officials, which have now expanded to other Chipotle restaurants nationwide.

If you’ve made it this far into the worst economy in decades without experiencing a layoff, chances are you’re out of the woods. Most economists agree that while businesses won’t be hiring much this year, they also won’t be firing much. Could this be the time to ask for a raise?

After two years of cutbacks, 2011 will be a year of rebuilding company-sponsored 401(k) plans—for both employers and employees. But the result could be more flexible, more customized retirement savings plans. Here is a roundup of recent research regarding your employees and their retirement savings plans.

It would be nice if all employees came to work on time, performed efficiently and pleasantly, and were thankful for their paycheck. But employers know that employees sometimes fall far short of your hopes. Here are the steps to work through as you decide how to proceed:
Employers are increasingly using web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests. But they don’t always recognize the potential pitfalls and risks.
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