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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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The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.
Just letting an employee sign a resignation letter instead of being terminated won’t always prevent her from suing you.
The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.
A last chance agreement can help solidify a termination because it puts the employee subject to the agreement on different footing than other employees.
Whenever you fire someone, consider that he or she might sue you. Be prepared to show that the employee’s punishment was comparable to that of other employees who broke the same rule.
An important reminder: Willful misconduct can bar a former employee from receiving unemployment benefits.
Employees caught lying on their employment applications about their educational level may not be entitled to unemployment compensation benefits.
The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.
Think twice before terminating a worker who has earned consistently good performance reviews.
State unemployment officials and courts are much more likely to be persuaded by a detailed record than the worker’s mere assertion that she was doing her job just fine.
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