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!

It comes as a bolt out of the blue: The Florida Commission on Human Relations notifies you that there’s “reasonable cause” to believe retaliation was the reason a female employee lost out on a promotion to a male co-worker. But it was a clean promotion process! How did this happen? As it turns out, this is the “cat’s paw” doctrine at work.

There’s no way around it: When you fire someone who has been harassing other employees, he may sue. Accept that fact and carefully document the investigation that led to the termination.
It’s hand-to-hand combat between video gaming giant Activision Publishing and two former executives of its Infinity Ward software development studio subsidiary. At stake in the courtroom war: Tens of millions of dollars in damages and untold millions in profits from Activision’s lucrative “Call of Duty” war gaming franchise.

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.