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!
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.
It is crucial to plan as if every termination will be challenged.
Consider a policy that allows for terminating employees who file false W-4s.
If you have solid policy guidance on proper workplace behavior, you shouldn’t worry too much about punishing abusive or offensive online behavior that crosses the line into bullying or worse.
You’re almost guaranteeing a lawsuit if you make the termination experience unnecessarily unpleasant.
If, during litigation, you discover a new reason for termination, you may lessen your liability.
What are our notice requirements? ... What must WARN notices say? ... What if we don’t give notice?
If you have a worker who has complained about some form of discrimination, think twice before you terminate her.
If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process.
A former roadway programs coordinator with the Pennsylvania Department of Transportation has appealed his firing to the state Supreme Court in hopes of being reinstated.
Some federal courts are tiring of having to process long-winded pro se complaints.
Treat every pending termination as if you will have to prove that you had solid business reasons for your decision.
Generally, you should enforce workplace rules as equally as possible.
If you have a policy on terminating employees who are out on leave, be sure to issue reminders about the rule and the timeline.
HR must be careful in weighing what it's gaining against what it could be losing.
Before you decide to change the reason why you discharged a worker, consider the possible impact of a potential lawsuit.
If an employee engages in violent behavior and is fired, she isn’t entitled to unemployment compensation benefits.
Unless a contract specifically said otherwise, you can fire at-will employees for any reason or no reason at all, with three exceptions.
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.