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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There comes a time when you might be forced to conclude that the problem with a department isn’t all those lousy employees, but the person who manages them. If that’s the case, it may be time to terminate the manager.

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.

Some employees think that being the best employee in a division or company means not having to follow the rules. That isn’t true and can be downright damaging to morale. If you decide to fire the employee because of disruptive and uncooperative behavior, don’t worry that he’ll win a lawsuit just by virtue of productivity.

A state appeals court has dismissed an employment discrimination case because the parties had signed an agreement that required disputes go to binding arbitration rather than court.

Courts often hesitate to second-guess employers when they fire employees for what seem like honest reasons. And employers that set out clear performance expectations and then show how the terminated employee fell short rarely lose a lawsuit. That’s because, absent smoking-gun evidence of discrimination, fired employees have to prove they were meeting their employer’s legitimate expectations.

A former school bus driver is suing the Nacogdoches Independent School District, arguing she was fired because of a dire medical condition. She accuses the school district of firing her for exercising her right to medical leave due to a serious health condition under the FMLA. The suit also alleges disability discrimination, race discrimination, retaliation, breach of contract and violations of the Texas Labor Code.
Q. I just terminated an employee and it was an ugly, public scene. Do you have any tips for making termination meetings easier?
The recent 7th Circuit decision in Lindsey v. Walgreen Co. addresses the cat’s paw theory of liability in the context of an age discrimination claim. The court held that a supervisor who decided to fire an employee was not the “cat’s paw” because she did not rely solely on the employee’s allegedly biased supervisor.
Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.
Q. We want to fire a bad worker, and we don’t want to take an unemployment comp hit. Under California law, when can a terminated worker be denied unemployment benefits?