USERRA provides returning soldiers, sailors and other service personnel with additional employment rights that other employees don’t always enjoy. One of those is the right to remain employed unless fired for just cause. In effect, USERRA temporarily turns what were once at-will employees into employees with job protection.
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 EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.
While employee handbooks are not required by law, they can prove essential — especially for small business owners that can't afford to lose a harassment or discrimination lawsuit. The employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions.
Employers know they must conduct prompt and thorough investigations once an employee complains about discrimination or harassment. The integrity of the investigative process depends on the honesty of all participants. You don’t have to tolerate employees who lie during an investigation, even if the lie is a minor one.
Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.
When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.
Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.
Dillard’s department stores will have to answer in court to charges it discriminated against former area sales manager Virginia Keene because of her age. Working in Cary, Keene was 61 years old at the time the company fired her and replaced her with a 24-year-old with only four months’ experience.