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!
Remind supervisors to avoid comments that could be interpreted as pushing soon-to-retire workers out the door. If an older employee has to be terminated, a supervisor’s not-so-subtle hints at retirement will make it easier to persuade a court that age was the supervisor’s true reason for the firing.
If an employer wants to challenge a request for FMLA leave, it must give the employee 15 days to get a medical certification showing she has a serious health condition. Until the employer makes the request, the 15-day period doesn’t start running. Disciplining or firing the employee before the time is up will most likely be considered an FMLA violation if it turns out the employee really did have a serious health condition.
USERRA provides returning soldiers, sailors and other service personnel with additional employment rights that other employees don’t always enjoy. One of those is the right to remain employed unless fired for just cause. In effect, USERRA temporarily turns what were once at-will employees into employees with job protection.
The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.