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Firing

When discipline is suddenly harsher than usual, document details that explain why

07/31/2017
When you set out to discipline a worker for breaking a rule, prepare a report that tells the whole story. That’s especially important if you need to justify why one employee received a harsher punishment than others who, in the past, may have committed similar offenses.

Clearly spell out performance expectations

07/31/2017
Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Warning! One firing can bring many lawsuits

07/03/2017
Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.

Isolated comments not enough for lawsuit

06/28/2017
Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

Progressive discipline is great, but retain the right to fire immediately if necessary

06/26/2017
If you have a progressive discipline system, give yourself some wiggle room. Make sure you retain the right to immediately terminate an employee when necessary.

Never fire to avoid paying expensive benefits

06/19/2017
Here’s advice if you’re ever tempted to fire an at-will employee because she is about to start racking up expensive claims using your employer-provided benefits: Don’t do it!

Secret formula for firing can be challenged in court

06/13/2017
Public employees may have constitutionally protected property interests in their jobs and the right to due process before losing their jobs. A federal court has now ruled that using a secret algorithm to determine whether a public employee will lose her job may violate that right to due process.

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

Feel free to ‘fire’ volunteers, just make sure you don’t defame them

06/13/2017
When a volunteer for a nonprofit organization is “fired” from his voluntary position and the organization subsequently reports the circumstances to his actual employer, resulting in his termination, can the volunteer sue the nonprofit for tortious interference with his employment contract?