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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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Generally, employers don’t need a reason to terminate an at-will employee. But that doesn’t mean you shouldn’t carefully document how, why and when you made the decision—even if you don’t plan to share the information with the employee. Documentation is especially crucial if you are terminating an employee who is returning from FMLA leave.

Quid pro quo harassment cases, in which a supervisor makes a pass at a subordinate and then punishes her if she rejects the advance, are hard for employers to defend. Your best bet is prevention. Institute a review process for all adverse employment actions such as demotions or terminations. Require a second signature before any firing becomes final.

Beth Rist’s story with the city of Ironton goes back years. She was the Ironton Police Department’s first female officer when she was hired in 1996. In 2001, she sued the department, alleging sexual harassment. She won that lawsuit. But Rist’s string of success appeared to stop at that point ...

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.

Does your call-in policy demand that employees contact their supervisors daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling last week said …
Suppose an employee tells you she needs to take a leave of absence due to an illness. Such leave could be covered under the FMLA. Her absence may cause you scheduling problems and extra work. That may be frustrating, but do your best not to show any emotion. Here's why.
If an employee has a disability it’s like they become untouchable, right? Wrong! As one court recently noted, following your policies consistently can be a lifesaver against claims of discrimination—even when terminated employees are in protected categories…

Valentine's Day may have come and gone, but love might still linger in the air at your workplace. If so, watch out! When office romances sour, scorned lovers often turn to the courts to allege that a former lover was a sexual harasser. Here are three tips to help make sure Cupid's arrow doesn't harm your organization.

In another example of the complex interplay between social media and HR, the National Labor Relations Board (NLRB) reached a settlement on Feb. 7, 2011, in the closely watched “Facebook Firing” case.
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?
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