When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.
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!
Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.
Although state and federal laws protect new mothers from discrimination, the Ohio Supreme Court has ruled it was legitimate for an employer to fire an employee who did not ask for an accommodation to pump breast milk. The court concluded that the employer didn’t discriminate on the basis of sex, but simply terminated an employee for insubordination.
According to an online survey conducted by CareerBuilder.com, employers are not firing workers quite as often for faking illness to get a day off: 15% of employers fired workers this year because they faked an illness, down from 18% in 2008. It appears fewer employers have the time to check up on absent workers. So why are workers absent when they aren’t sick?
It's no secret that employees gossip about pay. And it's no secret that those conversations often cause resentment and tension in the workplace. Wouldn't it be great if you could forbid employees from discussing compensation? Don't even think about it until you've read this comprehensive guide to the requirements of the National Labor Relations Act.
Talking with employees about their performance problems can be an uncomfortable moment for any manager. But it’s also a crucial part of the job and, if done well, will ultimately make a manager’s job much easier. Here are seven steps to planning and executing such discussions:
One easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination. Courts often conclude that it would make no sense for those who hired or promoted someone to turn around and fire that same person for discriminatory reasons. This is called the “same-actor” defense.
Before taking command of the U.S. Army’s VII Corps in West Germany in 1978, Lt. Gen. Julius Becton needed to brush up on his German. Becton’s college studies in German, though, had focused on reading and writing, so now he put in three weeks of training to work up a little fluency. His real lesson came later ...
Personal voice mail messages are in the news this month. They can come back to haunt you, as Tiger Woods found out when he left evidence of his infidelity on voice mail. But what about leaving a voice mail message for a co-worker or subordinate? One court said, “Beware!” They can be smoking guns aimed directly at the employer’s wallet ...
Discrimination against employees because of their family caregiving duties has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant. Here's how.