In-depth information about wrongful termination including unfair firing, layoff, constructive discharge, demotion and denial of promotion.

Employers: Stop wrongful termination lawsuits with our comprehensive system for layoffs, our wrongful termination guide, training programs, books, and tapes.

Employees: Enforce your rights with our wrongful termination guide and recommended books.

FAQs

• When is a firing discriminatory?
• What is good cause for firing?
• What is proper procedure for firing or demoting?
• When and how is an investigation conducted?
• What are layoff rights and duties?
• What are rights in performance appraisals?
• What are rights in hiring and references?
• When can employees quit and sue?
• When must managers pay attorneys fees or damages?

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FAQs

When is firing discriminatory?

• I got a warning after reporting illegal activity at work - what should I do?
• Can employer take away our holidays?
• Can we fire employee for refusing to sign disciplinary documentation?
• Employee is recruiting others for a class action suit - can we fire him?
• Fire a Whistleblower, or Falsify Documents, and Go to Jail
• After working 5 years, can I be fired for a felony I put on my application?
• Can conviction due to alcoholism be used to bar employment?
• What would a lawsuit cost an employee?
• Why do two attorneys assess my case differently?
• Can an employee be terminated while on active duty military leave?
• Can a reorg justify laying off a worker who uses a lot of sick time?
• California law prohibits firing for off-duty conduct
• Dying employee has bad attitude -- can we fire him?
• Alcoholic employee refuses to take FMLA -- can we fire him?
• What do we do when employee changes his mind about retiring?
• Can we fire victim of harassment who doesn't complain?
• Is it illegal to lay off employee shortly before vesting?
• What are legal risks of anti-nepotism policies?
• Can we terminate an employee on disability?
• Can we terminate disabled employee on workers comp?
• Veterans Re-Employment Act violated by denial of promotion
• Manager's oral promise creates a contract
• Inability to get along with others not covered by ADA
• Can we fire employee who doesn't meet new goals?
  

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What is good cause for firing?

• Employee gave fake pay stub from prior job - what can we do?

• Can employee be fired for being "unhappy"?
• Can we fire employee surfing "adult" web sites on the net?
• Can we fire employee for misconduct during his lunch break?
• Can we fire a manager for poor attendance?
• New employee "forgot" to work on Fridays - can we fire him?
• Can I fire an employee for theft without proof?
• Can I fire an employee because she is related to a Board member?
• Work rules inconsistently enforced--can someone be fired?
• Would it still be just cause, if information was found out after termination?
• Is it legal to fire me for what I put in my blog?
• Can they fire him for being temporarily disabled?
• Can you get fired because you're looking for another job?
• Can I fire a worker who makes everyone mad?
• I was fired for calling my manager a sow -- doesn't that violate my freedom of speech?
• Manager fires employee for giving away a dog -- is that legal?
• What are legal implications of post-tests?
• "Seinfeld" case reversed on appeal; management upheld on all counts
• I was disciplined for not coming to work over unsafe roads -- is that legal?
• Can I fire employee who tells lies about me?
• Can probationary employee sue when fired for false reasons?
• Can I be fired for refusing to wear long-sleeve shirt to cover tattoos?
• Is firing a probationary employee for no reason illegal?
• Can supervisor be fired for e-mails to lover-subordinate?
• Is it illegal for an employee to have two full-time jobs?
• Can non-smoker be fired?
• What is the "legal" definition of insubordination?
• Can we fire an executive who quits?
• Can employee be fired for rumors that damage employer reputation?
• What should we do about lying on applications?
• Discovering criminal convictions of employees -- what can we do?
• Manager properly fired for off-site sexual activity
• Employee wins for firing after refusing drug test
• Employee properly terminated for making threats
• Court rules in favor of aircraft safety whistleblower
• Car salesman fired for opposing sales training can pursue whistleblowing case
  

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What is proper procedure for firing or demoting?

• Can we fire people by phone?
• New case holds terminations must be handled consistently
• How can I protect myself in employment case against my predecessor?
• Can we use old warnings against newly promoted employee?
• Can we fire employee after she quits?
• Florida truck driver fired in Pennsylvania -- does employer have to pay his way home?
• Court upholds management's right to change performance ratings
• What are rights to health benefits after termination?
• What should I say at termination?
• What are the rules on releases for employees under the age of 40?
• Don't let documentation disasters happen to you!
• Company issued new handbook -- does that violate my written contract?
• What disciplinary steps are required by law?
• How much notice do you have to give before transferring an employee?
• Is HR manager legally required to witness counseling sessions?
• Is mandatory arbitration legal?
• Are e-mails sufficient notice of poor performance?
• How should I fire a tardy employee?
• How do we handle senior employee whose performance dives?
• Is our HR Department inept or illegal -- or both?
• Employee properly fired 3 years after misconduct
• Revising your policies? Give employees notice of major changes
• California Supreme Court gives employees more time to sue
• Calif. Supreme Court upholds employer in important case
  

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When and how is an investigation conducted?

• Employees allowed to have co-worker present in investigation meetings
• Do I have the right to know who my accusers are?
• First we fired, then we investigated -- is that okay?
• Does accusation by fellow employee justify drug testing?
• What do we do after we discover we fired employees for unfair reasons?
• What are my rights if accused of sexual harassment?
• Court details how to conduct a fair investigation

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What are layoff rights and duties?

• We downsized an employee right after we hired one - is that legal?
• Layoffs Lead to Lawsuits
• Court rules employee does not have right to be laid off
• Is it legal to do forced ranking based on employee "energy" and other intangibles?
• Our layoff list has a high percentage of minorities. Is that illegal?
• The union & company are forcing us out - what can we do?
• How should layoffs be implemented?
• Are there special rules for laying off H-1B visa workers?
• Can the boss increase my workload instead of recalling a laid-off worker?
• How can we get RIFfed employees to sign releases?
• Failure to redeploy older worker is age discrimination
• "At will" company sued for wrongful termination after layoff

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What are rights to performance appraisals?

• Should we micro-manage the performance appraisal process?
• Do we have to evaluate exempts and non-exempts using the same standards?
• Are employees entitled to comment on performance appraisals?
• Is a review illegal because it contains manager's opinions?

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What are rights and duties in hiring and references?

• Can I check references after I hire someone?
• Background Checks Prevent Discrimination
• Court Requires UPS to Hire Deaf Drivers
• Can we fire minister for lying on her application?
• We publish sex ed materials - should we inform applicants?
• We hired someone without necessary skills - can we fire now?
• Do we have to give references?
• Watch Out for the References Set-Up!
• What is a "Right to Work" state, and how does that fit with "at-will" employment?
• Do we have to give former employees copies of references?
• When can an employer require a non-compete agreement from current employees?
• Are non-competition agreements legal?
• What can you say in a reference?
• What documents can an employer ask for?
• Is it legal to rate applicants on appearance?
• Do we have a duty to give bad references?

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When can employees quit and sue?

• When a harassed employee quits, your troubles may just be starting
• My boss won't talk to me. Is that constructive discharge?
• Can truck driver who quits due to pot smoking co-workers sue company?
• Employee quits, wins constructive discharge case

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When must managers pay attorneys fees or damages?

• Manager's attorneys fees paid if they acted in course & scope of employment
• Court orders employer to pay attorneys fees for sued manager
• Managers can NOT be sued personally for discrimination, Cal. Supreme Court holds
• Losing corrections officer ordered to pay employer's attorneys fees

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• Managing Within the Law: A one-day, in-depth training seminar
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• Fair, Square & Legal: Safe Hiring, Managing & Firing Practices to Keep You & Your Company Out of Court (book)

 

Know Your Rights

• Your Rights in the Workplace (book)