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!
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.
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.
Now’s a good time to remind supervisors and managers that they must keep a cool head if an employee threatens to take a complaint to the EEOC or the Illinois Department of Human Rights. Angrily accusing the employee of insubordination or disloyalty will probably be viewed as retaliation for engaging in protected activity.