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!

When it comes to employment lawsuits, HR is a lot like flying an airplane: The most risky parts of the trip are at the takeoff (hiring) and the landing (dismissal). With hiring, you can limit the employment-law risks by following the legally safe steps and training supervisors to do the same.

Sometimes you realize early on that a recent hire is not going to work out. He may have looked good on paper, but isn’t doing well on the job. It may then be time to cut your losses.

Some employees try to fabricate a lawsuit by resigning and then alleging that some form of discrimination made their working conditions so intolerable that they had no choice but to quit. The name of this claim: constructive discharge. Fortunately for employers, it takes more than a few isolated comments to create intolerable conditions. And, as the following case shows, the fear that working conditions will become intolerable isn’t enough to justify quitting before things get bad at work.

The Texas Supreme Court has ruled that an arbitration agreement presented as a condition of employment is valid even though it was initially drafted by an HR management company that no longer manages personnel matters. The court looked carefully at the arbitration agreement and concluded it was a binding contract—partly because it contained a clause that allowed the employer to end the agreement prospectively only.

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well ...

Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.

Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Generally, public employees are entitled to a hearing before they are terminated. But in some government functions, employees who work at senior levels are deemed to be serving at the pleasure of the head of their agency or unit.

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.