When it comes to firing, you must always think that what about the law? The law won't let you fire anyone anymore. But understanding the legal aspects, what's going on? Protected groups don’t fire or otherwise make miserable because of age, sex, race, religion, national origin or disability. Read this article and go through all the legal aspects involved in firing mentioned by our expert in a healthcare conference.
This is affectionately known among the HR community as the list. This is the list. And there are managers that say, “Oh, you can't fire so and so. They're on the list.” Look at the list. Age, sex, race, religion, national origin, disability, everybody is on it. If you're afraid of firing these people, there's nobody left.
You must actually look at people as a package of skills. You hire based on the package of skills. This is a package of skills that solves a problem at work. So, don’t ignore the list but revolve around this package of skills. And as we'll see, we can certainly fire for their performance.
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In addition, there are protected action along with age, sex, race, religion, national origin, disability protected actions. Now, you get this and some of us come from this point of view, other staff also get this from bosses. “Well, I don’t know what you're listening to that conference for. We're at-will. We're at-will. This is an at-will state. We're an at-will company. I have the right for fire anyone at anytime.”
Which is true. What does at-will mean? You have the right to fire at-will. They have the right to sue at-will. And we'll see as we go on how critical the documentation is in all of this.
So, every state in the country is at-will. Montana modifies it a little bit. Risk versus reward type decision. But certainly, if you start firing people for jury duty, you're asking for trouble. As stated in the healthcare conference conducted by our expert, firing someone for union association, firing someone because of worker’s comp, that's considered retaliation.
Military duty, there's the Uniform Services Act, all kinds of protection, from military duty. Major part of that expansion deals with military families, military leave and their relationship with Family Medical Leave of – so if FMLA kicks in when you check this out, it's new. Are you going to go after military duty? Someone’s got a weekend warrior status, a call up, law guarantees their job for the most part when they come back. Are you going to mess with this? No.
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