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How to Fire an Employee Legally

How to fire an Employee LegallyFiring an employee legally is subject to federal law - and state law as well. Therefore, it is a good idea for Human Resources managers or a small business owner to be very careful during the termination meeting. Making mistake can be very costly.

Employment laws give many right to terminated employees. To guard against problems, employers should follow employee exit checklists. They also need to adhere to final paycheck laws.

How to Fire an Employee Legally - the Employee Exit Checklist

The employee exit checklist - a great tool for avoiding costly settlements.

There are clearly defined actions for avoiding legal pitfalls. A employee exit checklist is the proper means for avoiding wrongful termination claims. Such checklist should cover, amongst other aspects, the following:
  • have an employee handbook that include detailed company policies
  • keep detailed personnel files
  • notify employees of poor performance
  • take progressive disciplinary actions before firing an employee
Knowing all the requirements to fire an employee legally needs special training.

Final Paycheck Laws

Not following the final paycheck laws can become very costly.

Federal and state laws cover how to issue the final paycheck and severance pay, if applicable. Employers must follow these laws to the dot or risk stiff penalties. Many states also have special legislation that differentiates between employees being fired and quitting their job.

Training on How to Fire an Employee Legally

Human Resources Webinars offers a variety of courses taught by seasoned industry experts that give definite answers and guidelines for avoiding the pitfalls of offboarding. For example:Find more training by proven industry experts below.
Featured Courses:

All Course Titles

Payroll Operations
Payroll Benchmarking and Metrics
Unemployment Update For Payroll
This training session reviews the necessary updates to IRS Form 940, and how payroll professionals are affected.
Payroll Best Practices: Which Should I Adopt?
This audio conference explores many payroll best practices and discuss circumstances where they may, or may not, be best practices for your organization.
How To Avoid Wrongful Termination Claims
In this program, you wil learn the different types of wrongful termination claims available to an employee, identify the hot issue buttons for these claims, and lean how to avoid them. Topics range from discrimination, accommodation, and effects of wrongful employment practices.
Safety Strategies And Risk Mitigation When Handling Terminations, Investigations, And Performance Problems
This training session will teach you steps for planning, detecting, preventing, and protecting your workplace in investigations, terminations, performance plans, and management intervention situations.
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