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 62
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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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No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Here’s an important reminder for HR professionals handling em­­ployee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.
Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Management doesn’t need to base its decisions on proof beyond a reasonable doubt. Courts generally uphold termination decisions, even if it turns out they were based on faulty information. Simply put, as long as an employer reasonably believes it’s firing an em­­ployee for a good reason, it doesn’t have to be right.

Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.
Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

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