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!
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.
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.
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.
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?
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.