• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

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!

Page 2 of 12012345...102030...Last »

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

Workers who are fired for breaking a workplace rule generally aren’t eligible for unemployment compensation. That’s because rule-breaking may constitute willful misconduct, which bars benefits.

Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

Q. An older employee has been having significant performance issues during the performance cycle. She is eligible for retirement, but does not want to retire. Can we require her to retire in lieu of termination?

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.
A Minnesota appeals court has dismissed a lawsuit that challenged a state law providing teachers with tenure protection. A group of parents had claimed that the law violated their children’s rights to an education because tenure made it difficult to get rid of ineffective teachers.
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.
In Pennsylvania, employment is presumed to be at-will, meaning employers can terminate workers for any legal reason or no reason at all. There is one exception, however. The so-called public policy exception provides protection from termination if an employee files a workers’ compensation claim.
What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you're a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

Starkey Laboratories, an Eden Prairie, Minnesota maker of hearing aids, has settled two wrongful termination lawsuits that followed the sacking of several top executives two years ago.
Workers who waste time on their personal electronics may be present physically but otherwise absent.
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.
Recent incidents have raised questions about how private employers handle employees with unpopular political views and what legal hurdles they may face.
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.
Page 2 of 12012345...102030...Last »