Firing

Best practices regarding the role of social media in hiring and firing decisions

11/17/2025

Age, sex, religion, disability and marital status are just some of the characteristics commonly revealed by the most cursory—or even accidental—social media search. But just because you can access sensitive information easily doesn’t mean you should. Here are some suggestions for a social media policy that makes sense and avoids legal problems.

Million-dollar verdict issued for failure to rehire wrongly fired worker

11/10/2025

Sometimes, the best thing to do when faced with a possible wrongful termination is rehire the employee. Doubling down and refusing to consider the fired employee for open positions she’s qualified to perform can add to the damages.

Supreme Court starts new term—key employment law cases on the docket

10/14/2025

The Supreme Court has started the 2025–2026 term, and it looks to be an interesting one for employers. Here’s a breakdown of pending cases and issues.

Controversial posts, public demands: What HR should do

09/22/2025

What should an employer do when confronted with a demand to fire an employee over social media posts that may attract unwanted attention to their employer?

Don’t add fuel when you fire: 6 tips for terminations

09/15/2025

If you supervise employees in any capacity, there will come a time when you need to let someone go. Here are some tips for making the best of a bad situation and avoiding legal trouble in the process.

Discover work mistakes during FMLA? Here’s what to do

06/23/2025

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Use this checklist to lawsuit-proof your termination process

06/02/2025

Nothing is more likely to spur a lawsuit than a termination for misconduct or poor performance. Former employees may feel they have nothing to lose by suing you. That’s why you must prepare carefully. Before making a termination decision, you should follow these steps.

OK to terminate even if handbook doesn’t address obvious employee wrongdoing

05/19/2025

If an employee does or says something that clearly requires immediate discharge, don’t let the lack of a handbook policy stop you from acting. Courts usually side with employers that fire workers for behavior that runs counter to the employer’s best interest.

How to fire a probationary employee without triggering a wrongful-discharge lawsuit

05/09/2025

The good news is it’s generally easier to terminate probationary employees than regular employees. Here’s how to pull it off without triggering a lawsuit.

Document termination decision before telling worker

02/28/2025

Always document disciplinary decisions the moment you make them—and before you tell the employee. That way, you can successfully argue that you could not have retaliated against the employee because the decision was made before you knew about their request.