Terminations

Layoffs on the horizon? Check for disparate impact before you cut jobs

03/27/2023

Before finalizing your list of employees to lay off, analyze the potential impact on newly hired workers. Will the terminated employees disproportionally belong to a particular protected class?

You may have to WARN workers layoffs are coming

03/24/2023

Having to lay off workers is painful. Laying off workers the wrong way can be even more painful. In most cases, there are strict laws employers must follow when cutting lots of jobs.

Be sure you can explain business-related rationale for firing decision

03/20/2023

Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

New danger: Huge fines for gagging departing workers

03/20/2023

Chances are, you conduct routine exit interviews for most terminations, whether employees are quitting or have lost their jobs in a layoff. You might also commonly offer severance pay in exchange for employees signing an agreement not to sue or making some other promise about their future conduct. But beware! If you make employees promise to tell you about future investigations, expect a fine from the SEC.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

02/24/2023

The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.

Decided to terminate? Don’t wait to act

02/13/2023

Once you have made the decision to fire a worker, try to carry out the firing promptly. Delaying can backfire. If you must wait, write a memo memorializing when and why you made the discharge decision. That documentation can help you later if the terminated worker files a lawsuit.

Keep it Legal: 5 tips for firing employees the right way

01/27/2023

Firing employees is one of the most challenging parts of being a manager, but it is also often unavoidable. If you need some help building up this essential skill, don’t worry. BambooHR published a recent blog offering five helpful tips on how to fire an employee the right way.

Factor workers’ immigration status into layoff decisions

01/24/2023

Fears of a looming recession have some employers making contingency plans for laying off workers. Before you follow suit, think carefully about how you’d bring back employees if the economy rebounds quickly. That’s especially important if you wind up having to lay off employees who are legally working in the United States on immigrant visas that require remaining employed.

Protect your company with a sound termination policy

01/18/2023

Terminating employees, particularly involuntarily, is a part of the job that most business owners and HR managers dread. Firing or laying off staff members is a tough decision, but it sometimes needs to be done due to misconduct or business changes. And when it does, it’s vital to have a legally sound termination policy in place.

Autistic employee fired after 37 years: McDonald’s will pay $100,000 to settle

12/22/2022

Two months after a new franchisee took over a McDonald’s restaurant, management fired Anthony, an employee with autism, who had worked at McDonald’s for 37 years, earning excellent performance reviews and accolades.