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!

You’ve had it up to here. Now it’s time to fire a poor performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …
Q. One of my employees has created his own web site and has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire this worker for this conduct?
Say one of your employees tells the company doctor he’s had “homicidal feelings” and has thought about shooting his supervisor. It seems clear you could fire the employee if you have a zero-tolerance violence policy. But not so fast. As this case shows, if the employee recently filed a discrimination claim, the firing could be viewed as retaliation. Ugh!
Should you establish a zero-tolerance ban on swearing in the workplace? It’s probably not realistic and you may set yourself up for discrimination claims if you clamp down on one employee’s slip-up but not another’s. Instead, establish more general rules that say offensive language and other disrespectful conduct are not permitted, and violators will be subjected to the discipline policy.
A Morris County police officer is suing the county for lost wages stemming from a restriction against firing guns during her pregnancy.

Does your organization have strict honesty rules designed to prevent employee theft and fraud? If so, rest assured that you’ll have just cause for firing employees who break those rules. And that means they won’t be eligible for unemployment compensation.

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.

Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.