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 5
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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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Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.
From both sides of the table, exit interviews are not a comfortable situation. But organizations can gain a lot of valuable information that can help improve the workplace culture and reduce turnover.
When a fired employee sues you, winning often depends on careful documentation that demonstrates how her performance did not meet your standards.
The EEOC is appealing a federal court’s ruling that a Michigan funeral home was allowed to fire a transgender employee because of the owner’s religious objections.
Before terminating an employee for bringing a gun to work, check your state law.
Q. I recently discovered that an employee who handles company money has filed for bankruptcy. My concern is that if he was unable to handle his own finances, he may be untrustworthy with company finances. Can I discharge this employee?
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.
Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Before firing anyone, ask yourself the following questions to gauge whether you could defend yourself in a wrongful discharge suit.
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.
Employers have the right to contest a former employee’s eligibility for unemployment benefits. Talk it over with your attorney first.
Workers don’t give up their First Amendment rights when they take a government job. But that doesn’t mean that they can say anything, anywhere.
It should be item No. 1 on the termination checklist.
Under Minnesota’s unemployment compensation rules, an employee’s single incident of misconduct can be grounds for discharge—and can keep the employee from collecting benefits if it was a serious violation.
Two former Wells Fargo employees who didn’t cheat in the bank’s ill-conceived incentive scheme to drive new business have filed a $2.6 million class-action lawsuit.
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