Employer Termination

Employer termination policies are typically codified in company handbooks and other corporate materials, which should be provided to workers upon their acceptance of employment. Additionally, many companies clearly outline the employer termination policy in employment agreements. Typically, employer termination policies involve some form of escalating reaction to workplace misconduct, under performance, or negligence. Granted, there are some actions deemed a worthy of being fired on the spot, most employers will refuse to do this to avoid exposure to liability. For example, an employee can argue they were wrongfully terminated if they committed an offense, which according to previous company written, verbal, or implied policy, did not result in termination and they were immediately fired. Additionally, some employers require some form of human resources intervention prior to firing an employee, as well as consulting past policies on firing employees. Clearly, firing an employee is an undesirable situation, and even worse, many employers feel their hands are tied until repeated offenses occur. Additionally, employees can take confidence in the fact that one instance of error, misunderstanding, or other misjudgment will not cost them their job immediately.

Fast Facts

  • At-will employers may not need to be concerned with terminating employees on the spot, but if a terminated employee successfully argues discrimination or other illegal activities resulted in their termination, a wrongful termination suit may be on the horizon

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