Firing Policies

When you get a job in the future, there will most likely be a boss. That "boss" has the power to take control of the business, make decisions for the business, and best of all, he can fire anyone that works under him. Most workers in the United States work "at will" which means that the manager can fire the person anytime for any reason unless it's illegal. So when you are a manager of a business and you really dislike this one employee, you have to be careful because there are policies on firing an employee. Even though you have the authority to fire anyone, you need to make sure that you follow the policies and know what is illegal before you actually fire someone.

Illegal Reasons For Firing Employees

1. Discrimination. It is illegal for a manager to fire an employee based on their race, gender, national origin, disability, religion, or age. It is also illegal to fire someone just because they are pregnant or has a medical condition related to pregnancy and childbirth. Everyone has the right to work anywhere without being discriminated.
2. Refusal to take a lie detector test. Just because an employee refuses to take a lie detector test, a manager does not have the right to fire an employee just because they refuse to take one. There are many states out there that don't allow businesses to take lie detector tests.
3. Complaining about OSHA violations. The Occupational Safety and Health Act (OSHA) is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. With all this said, it is illegal for employers to fire employees for complaining that their jobs aren't as safe as they should be. The employees have the freedom of speech and they can say whatever they would like. Plus, it could help out the business to fix certain safety rules to make a better work place.
4. Violations of Public Policy. These are considered to be morally or ethically wrong to the public. For example, you cannot fire an employee just because they refuse to commit an illegal act. You cannot fire an employee just because they were complaining about an employers illegal conduct. You also cannot fire an employee just because they exercised a legal right. An example would be voting or taking a family leave). The employees have the right to refuse and accept whatever they want without getting legally fired.
5. Alien Status. An employer cannot fire an employee because of their alien status. Just because an employee is an immigrant, the employee has the right to work wherever they want legally. This would only be enforced if the employee is eligible to work in the United States.

You may be wondering, what happens if you fire someone even with the legal right to, but they are very upset and they sue you? Did you know that every employer is protected in case a situation like that occurs? Here are some steps and processes of avoiding a lawsuit from an employee signing a release.

• You can ask the employee to sign a release which is an agreement for the employee not to sue. If the employee does sign the release, you will have to give something back to them. Usually it is money that is given to the employee for signing the release.
• Make sure the release is clear about the rights the employee is waiving. You need to be specific and clear in the release so that the employee knows what it covers.
• You need to give the employee time for them to decide whether or not to sign the release. It is reasonable to say to give the employee a good week or two to decide whether or not they should sign the release.
• Do not threaten or talk tough with your employees about signing the release. An employee's decision to sign a release must be voluntary, or courts will not enforce the release.

As you can see there are a lot of things in firing employees. The employees have a lot of rights and if you just fire them just because you hate their guts, you can get into trouble and a possible lawsuit. When running a business, it is important to trust your employees and to make sure that you go over all the policies given. So when you become a manager in a business in the future, make sure you know the policies of firing employees and also make sure that the employees sign the release form. It can help you in the future and protect you from a lawsuit.