Q&A

Can you fire an employee while on maternity leave?

Can you fire an employee while on maternity leave?

Point out that waiting until after she gets back from maternity leave doesn’t actually protect the company and may make it more difficult. After all, you tolerated this behavior for a very long time and only took action after she took a protected leave. (Assuming she’ll be there at least a year when she gives birth and will be eligible for FMLA.)

What should you not say if you get fired from your job?

Don’t impulsively disparage your supervisor or blame co-workers or subordinates for your performance problems. This is a hard one if you think they helped cost you your job, but future employers will conduct thorough background checks and seek input from former colleagues at all levels.

What happens to your 401k if you get fired for cause?

Most people have 401(k)s or similar savings plans that your employer can’t touch. Your employer may claim that you can lose your right to your vested pension if you’re fired “for cause,” but it’s not that easy.

Is it illegal to fire a pregnant woman?

It’s absolutely perfectly legal to fire someone who is pregnant and waiting until she gets back from maternity leave doesn’t make it any easier. The protections don’t end once she delivers the baby. What is illegal is to fire someone because she’s pregnant.

Is it normal for an employer to fire an employee?

Despite counseling, verbal warnings, and written warnings, she said that she never, ever thought that her company would fire her. Many employees feel the same way. And, in part, this belief is encouraged by the employer’s actions, or rather, non-action. Firing an employee may take you awhile—usually much longer than the circumstances merit.

Who is the witness to the firing of an employee?

This witness is often the Human Resources staff person. The HR person has more experience than the average manager, in firing employees, so can also help keep the discussion on track and moving to completion.

Can You Lie on a job application if you have been fired?

You can use language like “the job ended” or “terminated” if you need to state why you are no longer working at the job. If you are specifically asked if you were fired, you need to answer yes. Lying on a job application is grounds for dismissal at any time in the future and could cost you future unemployment benefits.

What should I tell my employee when I’m firing her?

After an initial greeting, in fact, tell the employee that the purpose of the meeting is to inform her of your decision to terminate her employment, which is final. This is kinder than misleading the employee into believing she can affect the outcome.