For Employers & HR
Guidance for employers and HR. How to terminate an employee lawfully, stay compliant on wage-and-hour, classification, and leave, handle harassment and accommodation requests, and document decisions so a routine personnel action doesn’t become a lawsuit.
All For Employers & HR guides
- Can You Fire a Pregnant Employee? Pregnancy Discrimination and Accommodation Law
Federal law (PDA, PWFA, ADA, FMLA) sharply limits firing or refusing to accommodate a pregnant worker. What employers and employees need to know.
- Can You Fire an Employee for No Reason? At-Will Employment and Its Limits
Yes, at-will employment lets you fire without cause in most U.S. states, but illegal reasons like discrimination and retaliation still create liability.
- Do Employers Have to Accommodate Disabilities, Doctor's Notes, and FMLA?
Plain-English guide to ADA accommodations, doctor's notes, and FMLA leave: what employers must do, what workers can request, and how to handle disputes.
- Do Employers Have to Pay Out PTO, Sick Time, or Pay for Jury Duty?
Do employers have to cash out PTO, pay for sick time, or pay for jury duty? A plain-English guide to the federal baseline and where state law adds protections.
- Do Employers Have to Provide Health Insurance, 401(k), or Workers' Comp?
Which employee benefits are legally required? A plain-English guide to health insurance, 401(k) matches, workers' comp, CalSavers, and HSA rules for U.S. employers.
- Can You Fire an Employee for Attendance? Late, No-Call-No-Show, and Absenteeism
Can you fire an employee for being late, a no-call-no-show, or excessive absences? Yes, usually-unless FMLA, ADA, or bias is in play. Here's how to do it safely.
- Can You Fire an Employee for Calling in Sick Too Much or Taking Too Many Sick Days?
When can you fire an employee for too many sick days? A plain-English guide to attendance rules, paid sick leave, the ADA, FMLA, and avoiding retaliation claims.
- Can You Fire an Employee for Drug or Alcohol Use? Weed, DUI, and Drinking on the Job
Can you fire an employee for drug use, drinking on the job, a DUI, or smelling like weed? What federal law, the ADA, and state marijuana laws allow.
- Can You Fire an Employee During the Probation Period or First 90 Days?
Yes, you can fire during probation or the first 90 days, but anti-discrimination and retaliation rules apply from day one. Here is what is legal.
- Can You Fire an Employee for Getting Arrested or Going to Jail?
Can you fire an employee for being arrested or going to jail? Federal and state rules on arrest vs. conviction, ban-the-box, and discrimination risk.
- Can You Fire an Employee for Lying, Stealing, or Dishonesty?
Can you fire an employee for lying, stealing, or false accusations? How at-will firing works, the legal traps, final-pay rules, and how to clear your record.
- Can You Fire an Employee for Getting Hurt on the Job or Threatening to Sue?
Firing a worker for getting injured, filing a workers'-comp claim, or threatening to sue is usually illegal retaliation. Here's what the law allows.
- Can You Fire an Employee for Insubordination, Bad Attitude, or Being Disrespectful?
Yes, you can usually fire for insubordination or a bad attitude in at-will states, but protected complaints and concerted activity are off-limits. Learn the line.
- Can You Fire an Employee for Looking for Another Job or Threatening to Quit?
In most U.S. states you can fire an at-will employee for job hunting or threatening to quit, but watch final-pay rules, retaliation traps, and unemployment.
- Can You Fire an Employee on FMLA or Medical Leave?
Can you fire an employee on FMLA or medical leave? Yes, but only for reasons unrelated to the leave. Learn the FMLA, ADA, and retaliation rules.
- Can You Fire an Employee Over Text, Phone, or Email? Is It Legal?
Firing an employee by text, phone, or email is legal in most of the U.S., but risky. Here are the rules, final-pay duties, and documentation steps.
- Can You Fire an Employee for Poor Performance, Being Lazy, or Not a Good Fit?
Yes, you can fire for poor performance or laziness in at-will states, but 'not a good fit' is a documented pretext red flag. Here's how to do it safely.
- Can You Fire an Employee for Discussing Salary, Unionizing, or Going on Strike?
Firing workers for discussing pay, unionizing, or striking is often illegal under the NLRA. Here's what's protected, what isn't, and how to respond.
- Can You Fire an Employee for Social Media Posts, Recording, or Bad-Mouthing the Company?
When you can fire an employee for social media posts, recording conversations, or bad-mouthing the company, and where NLRA and wiretap law limit you.
- Can You Fire an Employee Without Warning or a Signed Write-Up?
In at-will states you can usually fire without warnings, but skipping discipline can look like pretext. What employers and workers should know.