
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comPartner
732-568-8363 jkreizman@sh-law.comHowever, there are ways to firing an employee that make the process more humane and less likely to result in legal liability.
While it can be tempting to get it over quickly, it is always a good idea take a “time out” (in the absence of a physical assault) before terminating the employee in order to engage in thoughtful review of the issues and to answer the following questions:
If these questions cannot be answered somewhat comfortably, it is better to take some time to clean up the record over time to provide a defensible employment action rather than acting rashly and being at risk that some or all of the charges or claims will stick. Wrongful termination lawsuits are on the rise, with suits spiking nearly 400 percent over the last 20 years. According to statistics collected by the Equal Employment Opportunity Commission, they are currently the number one labor claim brought against employers, with suits alleging violations of everything from the New Jersey Law Against Discrimination to the federal Family and Medical Leave Act.
Lastly, always follow the golden rule: terminate the employee the way that you would wish to be terminated. Undue harshness will only render your ex-employee a bitter enemy. Be kind and understand that you are dealing with a fellow human being with feelings. Yes, we have to make the “right” decisions, even when they hurt someone else, but there is no need to be mean or disrespectful.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!