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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

New hire isn’t working out: Fire now or wait for replacement?

A hiring manager told HR they have issued a verbal warning to an employee who is on a new-hire trial period—and that they do not believe the employee will be successful in the position. Are there any potential legal ramifications in extending the probation while searching for a replacement?

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Demotion or termination? How to decide

If you’re faced with a staff member who isn’t a good fit, is termination the answer, or would it be better to demote the employee? The answer is, of course, it depends. Always weigh demotions case by case.

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Use objective reasons to justify terminations

There are lots of legitimate reasons employers might need to terminate employees. In all cases, HR must review the reason for the termination and ensure the decision will be defensible in court should the former employee decide to file a lawsuit.

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Must we provide advance notice of a layoff?

We are doing a layoff that will affect some of our salaried managers. Are we required by law to provide a letter notifying them of the reduction in workforce?

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Document—and date—every step of layoff process

Once the word is out, some employees may take steps they think will save them from layoffs—or set up a potential lawsuit. That’s one reason to thoroughly document your layoff-related decisions and plans, even if those plans have not yet been announced.

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Honesty: More than a virtue—an absolute necessity in litigation

When a judge or jury finds your client dishonest, they've decided your fate.

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Ensure layoffs don’t target ‘costly’ workers

Managers deciding who to let go when faced with a RIF might be tempted to consider the total cost savings represented by each worker on the layoff list. That's a lawsuit waiting to happen.

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How many more chances after last-chance agreement?

When is a last-chance agreement not a “last chance” agreement?

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Fair firing: Avoid masking performance issues with layoffs

A recent survey by ResumeBuilder.com has unveiled a concerning trend in corporate layoff practices: Many layoffs aren’t intended to cut costs; they’re a way to cull poor performers from the payroll.

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Firing for social media posts? Not so fast

Should you punish employees for social media activity if the views expressed run counter to your company’s stand on DEI or other company values? 

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