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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Does your call-in policy demand that employees contact their supervisor daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling said last week …

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

Employees who have just lost their jobs usually leave their termination meetings in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit.
Confidentiality agreements and covenants against disclosing trade secrets aren't just concerns for high-tech companies like H-P and Oracle. Chances are, your organization has proprietary information and intellectual capital that it wants to keep away from competitors. Here are tips on how to do it the right way.

Social media can help you collect industry-based knowledge, reach new customers and build your brand. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior, especially when that conduct occurs in the name of the organization.

The federal government has answers for terminated workers who are concerned that their COBRA continuation health insurance coverage may soon get more expensive or expire all together. As federal subsidies for COBRA coverage start running out, be ready with information when your former employees call.
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.
Q. An employee worked for us for years, took four years off to have a child and was rehired nine months ago. She asked for time off because her child needed surgery. We refused because we thought she was not FMLA-eligible. After we terminated her for an unauthorized leave of absence, we received a nasty letter from her attorney threatening to sue us for violating her rights under the FMLA. Who’s right?
The oil-field communications company RigNet faces a lawsuit alleging it fired an injured field technician after he filed for workers’ compensation benefits.

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

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