Here’s a tip that will make courts more likely to uphold your termination decisions. Make sure whatever reason you use to justify the firing also showed up in past performance evaluations. Nothing raises suspicions more than kudos followed by discharge.
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!
Nothing raises suspicions among employees (and juries) than effusive praise followed by a pink slip. So here’s a tip that will make courts more likely to uphold your termination decisions: Make sure whatever reason you use to justify a firing also shows up in past performance evaluations.
Employers that keep careful track of which employees are disciplined—and for what reasons—have a leg up if they’re ever sued for discrimination. Before you terminate any employee, take the time to pull up all similar past disciplinary files. If those records show you fired other employees for identical or less-serious offenses, chances are no court will second-guess your decision in the latest case.
Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.
Employee theft is a big problem, and it’s natural for employers that catch workers stealing to terminate them. But some of those thieves may still file for unemployment. Challenge such applications on the basis that the firing offense was punishable as a crime. There’s no need for an actual conviction.
Andrew Kurtz, part of a crew of guys who dress as hearty snacks and race around the Pittsburgh Pirates' stadium at every home game, was canned after criticizing team executives on Facebook. There's a lesson in here somewhere—perhaps on social media, perhaps on the tricky decision about who to fire when things aren't going well.