Terminations

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.

Survey: Proposed tariffs could trigger layoffs, slow hiring

01/06/2025

Almost 30% of employers say they’re preparing to cut labor costs in anticipation of President-elect Trump’s promise to impose tariffs on imports from Canada, Mexico and China.

Use objective reasons to justify terminations

12/02/2024

Ensure that all terminations are based on solid business reasons. And be sure to carefully document why you decided to terminate, even if you don’t share the rationale with the employee.

Document—and date—every step of layoff process

11/08/2024

Once the word is out, some employees may take steps they think will save them from layoffs—or set up a potential lawsuit. That’s one reason to thoroughly document your layoff-related decisions and plans, even if those plans have not yet been announced. Here’s an example of how careful documentation worked to the employer’s advantage.

Ensure layoffs don’t target ‘costly’ workers

09/30/2024

When employers decide to reduce their workforces, it’s often because they need to save money. Laying off highly paid employees is one thing. It’s entirely another matter to target employees with costly medical problems that strain your self-insured health plan. That’s an almost foolproof way to trigger a lawsuit.

Fired whistleblower triggers wide-ranging investigation

09/19/2024

An employee of a day care center who raised health concerns about the center’s kitchen will receive $43,295 in back pay. But it may cost the employer far more.