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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 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.
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.
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