Employment Law

Abstract

Terminating employment is a complex issue, which a company wants to move forward as quickly as possible. Failure to correctly handle the termination procedure might result in the much more unpleasant experience of defending a costly lawsuit launched by the former employee. Some arising issues include that terminating a worker due to poor job performance is not prohibited, and dismissing employees due to a changing economic is also legal. Employers must consider the assessment of the decision before the termination’s execution and the termination’s execution itself. At-will employment contracts do not require any explanation from both parties in that the employee quitting the job or the employer firing the employee. The employer needs to ensure that the proper procedures are followed such that the employee will not end up in court prosecuting the firm for wrongful termination.

Employment Law

Terminating an employee is complex, not just from a technical and legal aspect but also from a human one. When a working relationship deteriorates, it is reasonable for an employer to consider terminating the connection (Magotsch & Kremp, 2018). Typically, the company wants to move forward by terminating the employee quickly. Failure to correctly handle the termination procedure might result in the much more unpleasant experience of defending a costly lawsuit launched by the former employee. While this article provides companies the right to terminate employees, employers must not overlook the risks associated with termination since they influence how the firm will operate after termination. The attitude of workers who still work for the firm, or the litigation related to the organization, are two examples of how much impact the business might experience.

Terminating a worker due to poor job performance is not prohibited. Similarly, dismissing employees due to a changing economic scenario or just because there is no longer the need for their assistance is also legal. In reality, practically all sorts of work in the United States are considered at-will employment contracts (Arnow-Richman, 2016), which means that the employee is able to quit at any moment (for any cause), and the company can fire them (mainly without reason). These regulations do not alter even if the employee under investigation is pregnant. However, terminating a pregnant worker or any other worker constitutionally protected by anti-discrimination laws is unquestionably more complex and riskier. Although at-will employment permits owners to hire or dismiss anybody, anti-discrimination regulations ensure that personnel choices are not discriminatory. Terminating a pregnant employee is only one example of how the laws of at-will hiring and discrimination legislation may collide and produce highly problematic employment circumstances. When firing an employee, an employer should ensure that they do not have personal grudges against them.

Employers must consider Several factors before the termination of an employee. Two primary points in the downsizing process are likely to knock up an employer and lead to needless litigation: the assessment of the decision before the termination’s execution; and the termination’s execution itself. Before discontinuing the employee, a detailed review of choice typically prevents filing a lawsuit. It prevents making a mistake in resolving to terminate and proves that the termination choice was just and legal (Sappideen et al., 2016). This article examines some principles for both the evaluation and implementation of the termination to assist employers in ensuring that workers are appropriately treated during the termination process and, as a result, considerably lower their risk of facing lawsuits following a termination.

At-will employment contracts do not require any explanation from both parties; that is, the employee quitting the job or the employer firing the employee. The employment contract must include this information. The exception to the hiring clause protects one from being fired if it is a matter of public policy (Arnow-Richman, 2016). The company must follow the process of firing an employee, mainly because of misconduct. It goes as follows: conduct happens, and the employer believes it is misconduct. Immediate action is required – examine the behavior and, if necessary, suspend the employee. Investigate the suspected wrongdoing – collect evidence and witness accounts. Schedule the employee to a meeting, state the charges of wrongdoing, and give the individual the opportunity to reply. Take into account the employee’s reaction. If required, make findings of misbehavior and take disciplinary action. Meeting to discuss findings/termination –explain the context of the situation, tell them the evaluation of their response(s), and notify them of the results. If any new issues arise due to their response, adjourn the meeting and do more research. If the employee does not provide further information, proceed with the termination verbally. Do not arrive at a termination meeting with a prepared letter.

The author’s central argument is how difficult it is to fire an employee. The employer needs to ensure that the proper procedures are followed such that the employee will not end up in court prosecuting the firm for wrongful termination. Termination is intended to safeguard the employee’s dignity while protecting the employer’s interests (Magotsch & Kremp, 2018). According to the article, there are several reasons why an employer might fire an employee, the most common of which are misbehavior and underperformance. I agree with this approach that even if the proper termination procedure is followed, it is not assured that the employee would not sue. Legal concerns and hazards may occur if the company fails to address the employees’ compensation, disabilities, and pregnancy. Legal concerns emerge if the dismissed employee is a part of a labor union because of the memorandum that governs whether to fire an employee. The article specifies that one must follow specific processes when firing an employee and termination should take place only after doing a risk assessment and guaranteeing that no legal concerns occur due to the procedure.

References

Arnow-Richman, R. (2016). Modifying at-Will Employment Contracts. Boston College Law Review, 57, 427.

Magotsch, M., & Kremp, P. R. (2018). Chapter 15 Termination of Employment. In J. Kirchner, P. R. Kremp, & M. Magotsch (Eds.), Key Aspects of German Employment and Labor Law (pp. 171–193). Springer. https://doi.org/10.1007/978-3-662-55597-2_15

Sappideen, C., O’Grady, P., & Riley, J. (2016). Macken’s Law of Employment. https://researchdirect.westernsydney.edu.au/islandora/object/uws%3A36491/