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!

At some point in your HR career, you’ll run into a trainwreck of an employee with problems that just seem to escalate. It may start with a small injury and a workers’ comp claim. That can turn into a dispute over alleged harassment and retaliation. Eventually, she may even claim she has developed deep psychological scars ... If she says she can’t work and has a doctor who supports her, you may be able to use the medical assessment to your benefit.

If you want your organization’s employees to work more productively, pay more attention to them. During the economic crisis of 2009, the most effective business strategy turned out to be increased supervision and management of employees.

Employees who are fired shortly after complaining about a manager’s supposed discriminatory attitude may assume that the complaint led to the termination. And they’re almost sure to sue. To stop such lawsuits from going far, make sure the manager in question has nothing to do with the final decision to terminate. That’s good advice even if you don’t think he or she did anything wrong.

Plenty of managers feel like they’re between a rock and a hard place because they have someone on their team who produces great results but alienates almost everyone around them. They're prima donnas! If you have a prima donna on your team who keeps playing games, bite the bullet and fire the person. Here's why.

Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom. Here are 6 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense:

Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

If you’re like many employers, you offer severance pay when you have to implement a reduction in force. Never pay severance without getting something in return from the employee, namely a release and waiver of liability. There’s an important catch to understand when you ask for such a release from older workers.

On April 15, President Obama signed into law amendments to the COBRA subsidy provision of the American Recovery and Reinvestment Act stimulus. Those amendments—plus amendments enacted in March—not only extend the time that the subsidy is available, but also offer it to certain individuals whose hours were reduced before they were involuntary terminated.