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!
Q. Our company provides services to nursing homes. One of our therapists recently went out on workers’ compensation leave. The facility where she worked has since asked us not to reassign the employee back to its facility. However, we don’t have other placement options for this worker. Do we have any options?
Sometimes, internal investigations pull back the curtain on performance problems that have nothing to do with the original inquiry. Even if it turns out that the initial reason for the investigation was unfounded, you don’t have to ignore other issues you may uncover.
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee's subsequent retaliation lawsuit.
Employers don’t want distracted employees, especially when their jobs require their undivided attention. That’s reason enough to tell workers to shut off their cellphones and other electronic devices. Ignoring such orders and engaging in distractions like reading text messages is misconduct.
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.
It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.
Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.
The job market is tough for poorly educated, untrained injured workers. However, unless you want to continue carrying such workers on your workers’ compensation policy rolls, it might be smart to do all you can to find light-duty jobs for them.
You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.
Problem: If an employee’s insubordinate behavior was caused by her bipolar disorder and you fire her, is the termination a violation of the Americans with Disabilities Act?
North Canton-based Star Air faces a DOL lawsuit that seeks more than $600,000 in fines and reinstatement for two drivers allegedly fired for refusing to drive unsafe vehicles.
Have you had it with an employee who can’t seem to get along with others and who constantly tries to intimidate co-workers? If warnings don’t help, fire him.
Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.
What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.
Insubordination occurs when an employee refuses a reasonable order from a supervisor or manager. If discipline or discharge is necessary, knowing how to handle employee insubordination can go a long way toward avoiding legal consequences.
If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse employment action could be construed as discrimination based on disability or perceived disability.