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!

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Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last week said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story…

While employee handbooks are not required by law, they can prove essential — especially for small business owners that can't afford to lose a harassment or discrimination lawsuit. The employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions.

Employers know they must conduct prompt and thorough investigations once an employee complains about discrimination or harassment. The integrity of the investigative process depends on the honesty of all participants. You don’t have to tolerate employees who lie during an investigation, even if the lie is a minor one.

The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.

The EEOC has filed a class-action lawsuit against Cavalier Telephone on behalf of a group of account executives and job applicants from Pennsylvania and other Mid-Atlantic states, charging that the company refuses to hire older workers and fired two employees in retaliation after they objected to the alleged discrimination.

Supervisors accused of discrimination sometimes lose their tempers—and then proceed to say or do something stupid. When that happens, act fast to step in and make amends. That’s especially important if the affected employee has walked off the job. The key is to make the employee understand that he still has a job and should return to work.

Employers that want to terminate employees who have complained about pressure to engage in criminal activity must make sure the termination process is flawless. It’s especially important to be able to articulate in very concrete terms an underlying, legitimate reason for the firing—one that can’t be mistaken as a pretext for getting rid of a troublemaker.

A former public works department employee has filed sex discrimination charges against the borough of Roselle—and now she’s added a breach-of-contract lawsuit that offers lessons for HR professionals.
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

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