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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.

How to fire a probationary employee without triggering a wrongful-discharge lawsuit

The good news is it’s generally easier to terminate probationary employees than regular employees. Here’s how to pull it off without triggering a lawsuit.

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Contingency plan: Heed these cautions when compiling layoff lists

Even if you don’t believe you will have to eliminate jobs any time soon, it’s probably a good idea to start formulating preliminary layoff plans now so you can move quickly if the need arises.

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Avoid these 4 layoff lawsuit triggers

In addition to being gut-wrenching for HR, layoffs are a legal landmine. Here are four layoff errors to avoid.

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Laying off teleworkers? You may have to issue multiple WARN notices

To date, 13 states have adopted their own versions of WARN. Some cover smaller layoffs than the federal WARN Act. Others add a longer notice period. And several also require providing severance payments to laid-off employees in addition to providing advance notice.

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Document termination decision before telling worker

Employees who think they’re about to be disciplined or fired often look for ways to delay or prevent the inevitable. A favorite tactic: invoking the job protections built into the FMLA and ADA. However, there’s a foolproof way to protect against these frivolous charges.

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Employee gave two weeks’ notice—can we just terminate him right away?

An employee has recently provided two weeks’ notice of his intent to resign. Can I tell the worker that he is not needed for the two weeks and avoid paying him for that time?

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How to ‘lawsuit-proof’ your next termination meeting

Terminations are probably the hardest things HR professionals have to handle—and probably the most legally dangerous. One wrong word can trigger a lawsuit. You need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process to follow.

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4 manager mistakes that trigger lawsuits

The cost of defending even a meritless lawsuit can run into the thousands of dollars. One way to prevent such costs and embarrassment is to teach supervisors to avoid angering employees in the first place. Train them to be aware of these four common mistakes.

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Exit interviews: Who, why and what could go wrong

Most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons.

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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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