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!

Page 81 of 227« First...102030...808182...90100110...Last »
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.

The New Jersey Supreme Court has handed disgruntled employees a big weapon to use against their employers. The court ruled that Joyce Quinlan was within her rights to photocopy company documents—some of which were confidential—to use in a lawsuit against Curtiss-Wright, the aerospace company where she once served as executive director of human resources.

More and more employees and applicants are filing their own lawsuits and acting as their own attorneys. Traditionally, courts allow these pro se litigants a great deal of latitude simply because they don’t have legal experience. If the following case is any indication, courts are getting tired of the additional drag on their dockets and have begun dismissing lawsuits when it becomes clear a pro se litigant has no case.
OSHA is suing the East Harlem Council for Community Improvement for allegedly retaliating against an employee who complained about unsafe working conditions.
A North Carolina hotel management company finds itself exposed to legal liability because the manager of the Holiday Inn Express in Simpsonville, S.C., allegedly exposed himself to female employees.

Generally, employers don’t need a reason to terminate an at-will employee. But that doesn’t mean you shouldn’t carefully document how, why and when you made the decision—even if you don’t plan to share the information with the employee. Documentation is especially crucial if you are terminating an employee who is returning from FMLA leave.

Quid pro quo harassment cases, in which a supervisor makes a pass at a subordinate and then punishes her if she rejects the advance, are hard for employers to defend. Your best bet is prevention. Institute a review process for all adverse employment actions such as demotions or terminations. Require a second signature before any firing becomes final.

Beth Rist’s story with the city of Ironton goes back years. She was the Ironton Police Department’s first female officer when she was hired in 1996. In 2001, she sued the department, alleging sexual harassment. She won that lawsuit. But Rist’s string of success appeared to stop at that point ...

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.

Unfortunately, many lawsuits 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 any discharge. Reason: They can back each other up.
Page 81 of 227« First...102030...808182...90100110...Last »