Tips and Articles on HR Best Practices, HR Outsourcing, and HR Compliance

A Former Employee Filed a Retaliation Claim — What Should I Do First?

A Former Employee Filed a Retaliation Claim — What Should I Do First?

Retaliation claims expose gaps in documentation, manager training, and HR structure — pulling executives into reactive crisis management and making managers hesitant to enforce expectations. This guide outlines the first steps to take and how to stabilize your HR foundation so leaders can stay focused on the business instead of the next fire.

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How to Legally Fire Someone for Poor Performance? (Employer Guide)
Performance Management, Discipline Noreen A. Performance Management, Discipline Noreen A.

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.

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Can I Fire Someone Who Just Came Back from FMLA Leave?

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.

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