Terminations

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.

Downsizing DEI? RIFs may backfire

06/12/2025

It may be tempting to eliminate diversity, equity and inclusion policies entirely. But before you do so, consider the potential unintended consequences, especially if you lay off everyone you hired to run the programs. Those sidelined employees who were supposed to help you create a diverse workplace may sue you.

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.

Avoid these 4 layoff lawsuit triggers

05/15/2025

In addition to being gut-wrenching for HR, layoffs are a legal landmine. Here are four layoff errors to avoid.

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.

Contingency plan: Heed these cautions when compiling layoff lists

05/05/2025

Even if you don’t believe you will have to eliminate jobs any time soon, it’s probably a good idea to start formulating preliminary layoff plans now so you can move quickly if the need arises.

Laying off teleworkers? You may have to issue multiple WARN notices

04/07/2025

You may have to comply with state layoff notification laws, often called mini-WARN Acts. And notification requirements might be different in the state where you are based and in the state or states where remote employees work.

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.

How to ‘lawsuit-proof’ your next termination meeting

02/18/2025

Terminations are probably the hardest things HR professionals have to handle—and probably the most legally dangerous. One wrong word can trigger a lawsuit. You need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process to follow.