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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Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.

A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.
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.
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.
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year ...
Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist's LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …

Spring cleaning? Be sure to dust off and update your employee handbook too. Pay attention to this important point: When it comes to discipline policies, give yourself some flexibility to deal with unusual circumstances. Steer clear of complicated policies that try to categorize every conceivable offense for which employees could be fired.

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.
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