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Employee Termination

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There are numerous laws that are increasing and becoming more complex on the federal, state and local level concerning termination of employees. For years the standard used by many employers and employees in considering employment and dismissal was the employment at will contract. This contract states that “…the relationship between the employer and the employee may be terminated by either party at any time for good reason, bad reason or even no reason at all, with certain few exceptions” (Fazio 1). The dilemma for employers in today’s workplace is that a continual erosion of the employment at will contract has been occurring due to various legislative and judicial decisions. Most states recognize the employment at will contract but statutes and court decisions have shifted the balance of power from employer to employee so that effective termination must be carefully planned, well-documented and not in violation of a variety of these statutes and court decisions. Common sense and not emotion must dictate the termination of employees in today’s work environment. The percentage of companies that have been brought to court by employees charging wrongful termination is ample evidence of how many employers are either doing something in violation of employment law or lack skills in knowing how to effectively dismiss an employee so as not to invite a wrongful termination lawsuit, “A survey this year of mor

. . .
protect employees against retaliation for opposing illegal discrimination, ones that pertain to safety in the workplace and a variety of others of which management must be sensitive to effectively terminate. For example, if an employee is fired for bringing a lawsuit against an employer that was successful and for no other reason then he or she is entitled to “full back pay and reinstatement of their jobs if there was not other reason. If the court finds that the employees would have been fired anyway, but not as soon as they were had they not filed the complaint, then they will be entitled only to backpay and not reinstatement” (Baliga 24). There are many who argue that firing employees because of emotion is a major reason for ineffective termination. Termination over an issue that another employee has done that did not result in dismissal also invites wrongful termination litigation. Discrimination of many types (including age and sexual orientation) and failing to keep documentation also prompt lawsuits as do most or all of the following: “take out your anger on an employee when firing him/her; fire an employee for something other employees do; make sure you keep no records or proof; discuss employees’ shortcomings with
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Approximate Word count = 3212
Approximate Pages = 13 (250 words per page)

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