Firing

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.

Have manager who hired also do the firing

03/05/2020

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

Note exact date and time of firing decision

12/10/2019

If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.

Snapshot: Emotions triggered by terminations

12/03/2019

According to a recent poll, 61% of people who had been fired believed their terminations were unjustified.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019

If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019

When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Discover wrongdoing during FMLA? Fire away

11/14/2019

It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

11/07/2019

Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.