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!

Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.

Employees who are punished for complaining about alleged illegal discrimination can sue for that retaliation. And they don’t have to show that actual discrimination took place—just that they believed in good faith that it did. Still, that doesn’t mean that every vague complaint can be used as the basis for a retaliation claim.

The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

Common sense says that if a manager hires someone knowing that she belongs to a protected class, the manager probably won’t turn around a few months later and fire the new employee because she belongs to that protected class. That’s why you should make it a policy that the same managers who make hiring decisions also make termination decisions.

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?
Say what you will about John Sculley, the man who fired Steve Jobs in 1985. At least he can admit he made a mistake. He takes responsibility for his mistake and believes that Apple’s board should have understood that Jobs needed to be in charge. “Maybe he should have been the CEO and I should have been the president,” Sculley says.
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.
In an attempt to help employers get a handle on what and when to pay departing employees, here's a state-by-state summary of vacation pay requirements, as well as a chart at the end of the report that summarizes the timing of each state's final pay laws.
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?