Firing

‘Resign or be fired’: Humane offer or a risky ultimatum?

03/24/2014

Have you ever presented an employee the option to resign or get fired? Doing so today just may fall under the no-good-deed-goes-unpunished category. As this new ruling shows, such ultimatums might ultimately give you ulcers in court under the “ultimatum theory” of liability …

How can we fire a poor performer–who up until now has earned glowing reviews?

03/17/2014

Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?

Easy way to head off discrimination suits: Have manager who hired also do the firing

03/13/2014

Here’s a good practice that may limit lots of lawsuits following terminations: If possible, make sure the same person who hired a worker also fires him. That makes it more difficult for an employee to argue he was fired for discriminatory reasons.

Clerk fired after telling Gov. McCrory, ‘Thanks for nothing’

03/07/2014

Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Document exactly why you fired troublemaker

03/06/2014

Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

Call for back-up! When escorting employee from premises, don’t go it alone

02/18/2014

Here’s a bit of practical advice for that rare occasion when you may have to escort an employee off the premises: Make sure to have a second person there to help you. There’s credibility in numbers.

Stick to your story: Shifting explanations for terminations are lawsuit red flags

02/18/2014

One of the worst things you can do when you fire an employee is to provide shifting explanations for the discharge. The best approach: Talk to your lawyer before you terminate, to clarify exactly what your reasons are.

Consistency is key when firing for performance

02/14/2014

Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other employees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.

Can we fire employee because he was arrested?

02/07/2014

Q. An employee called out for one day because he’d been arrested on a domestic violence charge. He did not violate the attendance policy. This man has been rumored in the office to be an abuser, and the police have been called to his home other occasions. He is an at-will employee. Can we realistically fire him if he’s broken none of our rules?