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!

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.

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.

Frequently, absenteeism problems arise because a company has no clear policy on the issue. A company policy statement should be distributed to all employees, indicating when and under what conditions an employee will be paid (or not paid) for absences.

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?

Effective April 15, 2010, the 65% COBRA premium subsidy program that originally took effect in early 2009 will remain available until May 31, 2010. The new date became official on April 15 when President Obama signed the Continuing Extension Act of 2010, which stretched eligibility for the subsidy and extended several other federal benefits designed to help unemployed workers.
Issue: Many HR professionals run one-person departments that struggle to handle up to 150 employees or more.
Benefit: By managing a solo operation well, you illustrate expertise that's attractive to ...

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.