Firing — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 10
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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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To prevent violence at work, many employers prohibit even indirect threats. That’s perfectly legal.
Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.
Courts want to know exactly who decided the employee should be terminated, as well as the rationale.

Government workers have more protections than other employees when it comes to termination. For example, if a public employee is falsely charged with some form of misconduct, she may have a l­awsuit. By all means, resist the temptation to make an example out of the fired employee.

Turnover is costly and time consuming, so you should do everything in your power to coach employees to turn around poor performance and behaviors. However, if after several attempts to rehabilitate the following types, you see no improvement, you may need to cut them loose to protect the morale and productivity of the rest of your staff.

The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.
While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.
When faced with negative reviews and worried about losing their jobs, some employees file internal discrimination complaints in an effort to avoid discipline. Don’t play that game!
A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.
Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.
Sometimes, it becomes obvious soon after hiring an employee that he is not going to work out as expected. But what if you still want to give him a chance?
Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

It’s illegal to retaliate against employees for engaging in protected activity. But not every complaint qualifies as protected activity. For example, under Title VII, retaliation is only illegal if it relates to a complaint about some form of discrimination covered by that law.

It’s almost always a bad idea to make an example out of a terminated employee.
New hires at public relations agency Steinreich Communications spend their days participating in client meetings and brainstorming sessions with their new colleagues. It’s all part of a first-year program devoted to honing skills in client service, writing and placing client stories in the media.
Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?
Employees are increasingly using their personal smartphones for work purposes. But when employees depart, those phones may contain a wealth of confidential company data. What to do?

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

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