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!

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.
You're likely to someday work with attorneys on contracts or even — perish the thought — lawsuits aimed at your organization. The good news is you can take some steps to contain the cost of using outside attorneys. Here are 7 common-sense ways to trim your legal expenses:
You never know which terminated employee will sue—or how long he might wait to do so. That’s why it’s important to document everything leading up to the termination. Then make it your policy to retain firing-related documents indefinitely.

Here’s a new worry for Ohio HR pros who play a role in deciding whether to fire employees: You could end up being sued personally if it turns out that the discharge was wrongful under Ohio’s public policy exception to at-will employment. That means your own assets—not just the company’s—are at risk. Here’s how it works:

Generally, Pennsylvania is an at-will employment state where employers can fire employees for any nondiscriminatory reason. But Pennsylvania also allows lawsuits for wrongful discharge based on public-policy concerns. Those public policies include the right not to be fired for reporting company safety violations that could harm the public.

The Toledo City Council voted to pay $450,000 to settle a race discrimination and wrongful-termination lawsuit brought by two former city employees. That makes for a happy ending to a two-year legal odyssey for Office of Affirmative Action Director Perlean Griffin, and executive director of the city’s Youth Commission Dwayne Moorehead, who served under former Mayor Carty Finkbeiner.

Q. Is it legal to require management employees to give us a longer resignation period than other employees?

Some employees don’t respond well to corrective discipline. They may become angry and combative. You don’t have to put up with that sort of behavior. In fact, you can use that reaction as a valid termination reason.