How to Fire Employees Without Getting Burned

Julie Athey, Attorney

New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

About the Report
Firing an employee can be your greatest nightmare. What if it doesn't go well? What if the employee sues? Now, this special report reveals specific steps to take to minimize legal risks. Topics include: The five most-difficult-to-fire types of employees; protective measures to take before firing; exactly how to fire; and more.

:Law Letter subscribers download FREE

Table of Contents:

1. TOP FIVE FIRING FEARS
Members of a Protected Class
Employees Who’ve Engaged in Protected Activity
Employees on Leave
Employees Who Have Contractual Rights
Violent or Mentally Unstable Employees

2. BEFORE YOU SAY, “YOU’RE FIRED”
Give Frequent, Honest Evaluations
Investigate If Necessary
Progressive or Corrective Discipline
Make Your Call
Don’t Forget to Document Everything

3. HOW TO SAY, “YOU’RE FIRED”
Telling the Employee
The Exit Interview
Comply with the OWBPA
Severance Pay
Comply with COBRA
Comply with State Laws

4. OTHER SPECIAL FIRING CONCERNS
Wrongful Discharge
The Accused Harasser
Reductions in Force
Labor Relations (Even If You’re Not Unionized)
Handling Unemployment Claims

5. THINGS YOU NEED TO KNOW IF YOU’RE SUED
Check Your Insurance Coverage
Investigate the Employee’s Background
Don’t Throw Away Relevant Records
Don’t Retaliate