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!
An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.
If you supervise employees in any capacity, there will come a time when you need to let someone go. Here are some tips for making the best of a bad situation.
Do you have an angry, dissatisfied employee that no supervisor seems capable of making happy? Then document any behavior that demonstrates the employee is difficult or insubordinate and discipline accordingly.
Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.
Are you afraid to discipline, or even discharge, a pregnant employee? You shouldn’t be, as long as you have a rock-solid reason unrelated to pregnancy.
It’s fine to offer an early retirement buyout. It’s a very bad idea to say that, if not enough older workers accept the offer, they might be fired.
Check out this cartoon as a manager handles documentation for firing.
A federal court has refused to expand possible reasons for employment lawsuits to include so-called “bullying” claims.
When can you legally terminate a worker for what he or she does on their own time? The answer is an unsatisfying, “It depends.”
Before you decide to terminate employees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.