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!
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.
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.