Here’s a twist, courtesy of the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services age discrimination decision. The court ruled that employees have to show that “but for” their age, their employer wouldn’t have fired them.
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 who believe they’ve been mistreated get so angry that they begin airing their grievances to co-workers. That can be a firing offense. Although you can’t ban employees from talking about wages or other conditions of employment, you can prohibit harassing conduct.
If you have hiring and firing responsibilities, you may worry from time to time whether you could be held personally liable for your decisions. Now a Texas appeals court has answered that question—at least in situations involving the firing of someone who refuses to engage in an act she believes is illegal. The court said there is no personal liability.
Sometimes, employees get angry over some real or imagined slight and walk out. To make sure they really did quit and can’t claim constructive discharge, document your efforts to determine what happened.
Q. I just found out that an employee filed for bankruptcy. I’m concerned, because she works a cash register and has access to money. Can I fire this employee?
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Ever since the EEOC began tracking discrimination complaints, race bias has been the most popular claim. Not anymore. Claims of employer retaliation now top the charts—33,613 claims in fiscal 2009. This means managers, supervisors (and you) need to be more careful than ever to avoid lashing out against employees or applicants who file—or simply voice—complaints of discrimination.
If you grant time off to employees who aren’t yet eligible for FMLA leave, take note: If they’re on your payroll, their time off counts toward FMLA eligibility. That means that once they hit the one-year mark, they become entitled to those 12 unpaid FMLA weeks—and terminating them could launch an FMLA lawsuit. That wasn’t always the case ...