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Firing

Can you fire worker for being a public jerk?

06/17/2021
When an employee’s bad behavior outside of the workplace draws negative attention on your organization online, is it legal to terminate that person?

4 smart things to do when hiring and firing remotely

05/14/2021
Leaders know that bringing new people on board and handling terminations properly are two activities too important to perform haphazardly. While remote hiring and firing pose challenges, managers cannot use location as an excuse to slack.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021
You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Fired Jan. 6 protestor sues for $10 million

02/11/2021
Consult your attorney before firing an employee who may have been present at a protest where rioting occurred. There’s a risk you might be sued.

Beware firing employee during medical testing

11/19/2020
Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

Last-chance agreements protect your firing rights

10/22/2020
It makes sense to give a second chance to good employees whose performance is slipping because of personal challenges. You can protect against future lawsuits by imposing a formal last-chance agreement that says any subsequent transgression will result in termination.

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

Why you should think twice about a ‘Zoom termination’

06/01/2020
Even during a national emergency, sometimes you have no choice but to terminate an employee—and sometimes the termination is brought about because of it. How should you go about the process in this time of heightened legal and emotional sensitivity, especially when face to face contact might be tricky?

How to protect your company’s data when letting go of a remote employee

05/21/2020
An astounding 87% of employees take company data with them on their way out the door. How can businesses protect their data when laying off employees who are currently working from home? Your checklist should include the following steps after an employee gives notice.