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 4
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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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You’re surely on safe legal grounds to fire an employee for conduct that breaks the law, aren’t you? Of course you are. But that doesn’t mean you’re free to talk about the circumstances.
Here’s advice if you’re ever tempted to fire an at-will employee because she is about to start racking up expensive claims using your employer-provided benefits: Don’t do it!
The decision to fire an employee doesn’t usually happen overnight. It’s typically a gradual process. Be sure you can show exactly when and how you made the termination decision.
If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.
Q. We fired a worker for poor performance, but we didn’t tell him exactly why. Now he is demanding the discharge reason in writing. What do we do?
Sometimes it’s obvious that you are going to have to fire an employee. First, however, you must follow your usual employment and HR procedures. Don’t just go through the motions, and don’t get sloppy!
Sometimes, it makes sense to use a last-chance agreement in which an employee agrees that one more violation of a company rule will mean immediate termination.
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.
Sometimes, it becomes clear that safety concerns require an employer to move a worker and even terminate him if it isn’t possible to offer a different, safer position.
Q. Our company policy is not to pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful?
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