7 Facts every HR manager should know about wrongful discharge
pink-slip
A down economy is an up time for wrongful-discharge lawsuits by employees who have been let go — and are angry about it.
That’s why every employer should know and understand the seven relevant legal facts about wrongful discharge:
1. Although many employment relationships are “at-will,” meaning that either the employer or the employee may terminate the relationship at any time with or without reason, that doesn’t give employers a blank check. If an employer terminates an employee, even one who is at-will, in violation of federal, state, or local anti-discrimination laws, that’s illegal.
2. Federal anti-discrimination laws protect employees from being discharged or otherwise penalized with respect to the terms and conditions of employment on the bases of race, color, national origin, sex, religion, disability, pregnancy, and age. State laws may mirror these categories of protections and, in some instances, be tougher than the federal laws.
3. Not all wrongful-termination claims are discrimination-based. An employee who given a contract of employment, either written or implied, and is terminated before the expiration of, or in violation of, the contract, may be able to bring a claim for wrongful discharge and breach of employment contract.
4. Wrongful discharge suits may also be brought in situations where the employer has retaliated against an employee for exercising a right that is supported by the law. For example, if an employee is terminated because he or she reported the employer to a governmental body for violation of workplace safety laws, the employee may be able to successfully bring a wrongful discharge lawsuit.
5. If an employee refuses an employer’s order to perform an illegal act and is subsequently terminated, there may be a wrongful discharge cause of action. For example, if a supervisor orders an employee to perform a duty in violation of safety laws, the employee may refuse and cannot be fired for refusing.
6. An employee who’s terminated for taking time off under a law which gives him or her a legal right to have that time off — such for voting or military service — may also have a wrongful discharge cause of action.
7. An employer who has not followed specific disciplinary and termination policies that are in place can also face a wrongful-discharge suit. For example, if an employer has a handbook that states that employees are entitled to receive two written warnings for misconduct or poor performance before they are terminated, and an employee is terminated after receiving only one verbal warning, that employee may be able to successfully bring a wrongful discharge action.
From India, Madras
1pink-slip
A down economy is an up time for wrongful-discharge lawsuits by employees who have been let go — and are angry about it.
That’s why every employer should know and understand the seven relevant legal facts about wrongful discharge:
1. Although many employment relationships are “at-will,” meaning that either the employer or the employee may terminate the relationship at any time with or without reason, that doesn’t give employers a blank check. If an employer terminates an employee, even one who is at-will, in violation of federal, state, or local anti-discrimination laws, that’s illegal.
2. Federal anti-discrimination laws protect employees from being discharged or otherwise penalized with respect to the terms and conditions of employment on the bases of race, color, national origin, sex, religion, disability, pregnancy, and age. State laws may mirror these categories of protections and, in some instances, be tougher than the federal laws.
3. Not all wrongful-termination claims are discrimination-based. An employee who given a contract of employment, either written or implied, and is terminated before the expiration of, or in violation of, the contract, may be able to bring a claim for wrongful discharge and breach of employment contract.
4. Wrongful discharge suits may also be brought in situations where the employer has retaliated against an employee for exercising a right that is supported by the law. For example, if an employee is terminated because he or she reported the employer to a governmental body for violation of workplace safety laws, the employee may be able to successfully bring a wrongful discharge lawsuit.
5. If an employee refuses an employer’s order to perform an illegal act and is subsequently terminated, there may be a wrongful discharge cause of action. For example, if a supervisor orders an employee to perform a duty in violation of safety laws, the employee may refuse and cannot be fired for refusing.
6. An employee who’s terminated for taking time off under a law which gives him or her a legal right to have that time off — such for voting or military service — may also have a wrongful discharge cause of action.
7. An employer who has not followed specific disciplinary and termination policies that are in place can also face a wrongful-discharge suit. For example, if an employer has a handbook that states that employees are entitled to receive two written warnings for misconduct or poor performance before they are terminated, and an employee is terminated after receiving only one verbal warning, that employee may be able to successfully bring a wrongful discharge action.
From India, Madras
Still NOT CONVINCED Ruhi. We have been dealing with the US market since 1998.
Words/phrases like 'federal', 'national origin', 'wrongful discharge', etc are US terms.
Where did you get this? Anyway, it is informative.
Rgds,
TS
From India, Hyderabad
Words/phrases like 'federal', 'national origin', 'wrongful discharge', etc are US terms.
Where did you get this? Anyway, it is informative.
Rgds,
TS
From India, Hyderabad
Dear TS,
I believe the source could be hrmorning.com as i vaguely remember reading the same article few days back! and definitely it caters to US market.
@ Ruhi Khan: for such articles, I humbly request you to quote the source everytime when such articles are posted!
Thank you.
From India, Vadodara
I believe the source could be hrmorning.com as i vaguely remember reading the same article few days back! and definitely it caters to US market.
@ Ruhi Khan: for such articles, I humbly request you to quote the source everytime when such articles are posted!
Thank you.
From India, Vadodara
Seems like for US but can be used in India.
What happens when a person has served in an organisation for over 3 years and is terminated without any reason (in writing) though the terms of parting may be as per agreed terms of appointment letter.
For example person being fired after 5yrs of service with no concrete reason. Nothing in writing and no previous notices.
Though the terms of appointment letter may mention that both employer and employee are liable for one month notice period either side and services can be terminated without assigning any reason.
This is so because people in an effort to get job sign on any document
From India, Delhi
What happens when a person has served in an organisation for over 3 years and is terminated without any reason (in writing) though the terms of parting may be as per agreed terms of appointment letter.
For example person being fired after 5yrs of service with no concrete reason. Nothing in writing and no previous notices.
Though the terms of appointment letter may mention that both employer and employee are liable for one month notice period either side and services can be terminated without assigning any reason.
This is so because people in an effort to get job sign on any document
From India, Delhi
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
152120-very-use ful-hr-manageme nt-software-bui lt-excel-psa-hr -manager-mainta in-payrrol-exce l-soft.zip
Anand Kumar- HR Manager.doc