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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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HR Law 101: The ADA protects recovering and former addicts, but not current users of illegal drugs. The law also covers workers who are alcoholics, but that doesn't mean you have to tolerate them coming to work drunk ...

WARN Act

by on March 9, 2007 12:00am
in Firing,Hiring,Human Resources

HR Law 101: The Worker Adjustment and Retraining Notification (WARN) Act of 1988 requires certain employers to give affected employees 60 days’ notice of an impending layoff or plant closing. Employers can be liable for back pay to employees for any portion of the 60-day notice period ...

HR Law 101: Under the federal Age Discrimination in Employment Act, employees must be 40 or older to file an age-bias lawsuit. But several states (among them Maine, Michigan, New Jersey, New York and Oregon) don’t include a minimum age at which legal protection begins ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: None of your organization’s policies can compromise your employees’ right to privacy. You can’t obtain information about workers that’s not relevant to their job duties, and there are restrictions on what information about employees you’re allowed to disseminate ...

HR Law 101: In recent years, employer attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability ...

Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

As an employer, you can't always wait on a background check before offering a job, so you have to rely on applicants' oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty ...

The EEOC has provided more legal cover for employers that actively recruit older applicants and offer better perks to their older employees. New proposed EEOC regulations, which reflect a 2004 Supreme Court decision, say you won't violate federal age-discrimination law if you favor older employees over younger ones ...

The U.S. Labor Department revamped the FLSA regulations in 2004 to help employers and employees understand the rules better. But, so far, the HR world has only seen more overtime lawsuits, not less ...

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