Firing

Fired Jan. 6 protestor sues for $10 million

02/11/2021

Consult your attorney before firing an employee who may have been present at a protest where rioting occurred. There’s a risk you might be sued.

Beware firing employee during medical testing

11/19/2020

Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

Last-chance agreements protect your firing rights

10/22/2020

It makes sense to give a second chance to good employees whose performance is slipping because of personal challenges. You can protect against future lawsuits by imposing a formal last-chance agreement that says any subsequent transgression will result in termination.

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.