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 50
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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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Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.
You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.
File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.

You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.

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