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!

The little things employees do while they’re getting ready for work—putting on safety gear, firing up their computers, standing in line to get equipment—can sometimes be considered paid work time. Courts often see such “preparatory work” as compensable, even if it benefits the employee, too. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

Employment practice liability insurance (EPLI) covers you from employee lawsuit judgments. The jump in employee lawsuits is making EPLI a nearly must-have; so premiums are rising. Here's how to shop for a policy ...
Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. No-fault policies are fine—as long as they don’t penalize workers for taking FMLA time off.
You have heard all the general advice and theories about getting “a seat at the table.” But what does it take to jump the fence from your administrative role and be seen as a true leader in the company? The HR Specialist newsletter posed the following question to three of the leading HR thought leaders in America today: “What makes an HR professional an indispensable leader in an organization?” Their answers pointed to the following 5 actions:
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

Employers have a new primer from the EEOC on how to craft legally compliant severance agreements. Although Understanding Waivers of Discrimination Claims in Employee Severance Agreements was designed to answer employee questions about severance agreements, it offers useful guidance to employers, too.
An Oscar-winning director whose films bring in billions, James Cameron is known for exacting top performances from talent. Among his rules for leading: Motivate with a sense of exploration. For Cameron, innovation is a tool for uniting his team. “We’re doing extraordinary things that outsiders would not even understand,” he says.

Most managers know that it’s against the law to discriminate against employees and applicants because of their race, gender, age, religion or disability. But they may not know that those same federal laws also make it illegal for employers and supervisors to retaliate in any way against employees who voice complaints about on-the-job discrimination.

In a case that’s sure to serve as a lightning rod, a district court has ruled that severance payments are not “wages” for purposes of the Social Security and Medicare taxes, collectively referred to as the FICA tax. This decision could open the door for refund claims by employers that have previously treated severance payments as wages. Still, if the ruling applies to your situation, approach it with a healthy dose of caution.