Tips and Articles on HR Best Practices, HR Outsourcing, and HR Compliance
How to Legally Fire Someone for Poor Performance? (Employer Guide)
The reason employers need clear expectations, timely feedback, and consistent documentation is simple: to defend the organization if the termination is challenged in a lawsuit. At‑will employment doesn’t protect you when an employee alleges discrimination or retaliation, and performance issues that were never documented become legally indefensible. A performance‑based termination only holds up in litigation when the employer can prove the process was fair, consistent, and well‑supported by evidence.
Can I Fire Someone Who Just Came Back from FMLA Leave?
Most employers asking this question are already in trouble. The FMLA does not make someone unfireable — but it creates a legal presumption that any adverse action taken close to protected leave was caused by that leave. Overcoming it requires documentation that existed before the leave began, consistent treatment of similarly situated employees, and managers who know what not to say. This post covers what the law actually prohibits, when termination is defensible, and the specific patterns that can get companies sued.
How to Handle Employee Performance Issues Without Legal Risk
Managing employee performance isn’t just a leadership skill — it’s a legal risk area. When performance issues are handled improperly, small businesses can unintentionally trigger discrimination claims, retaliation allegations, ADA/FMLA complications, or even union interest.