Termination of Employment ? Studying Both Sides of the Coin

Posted by AmandaTom on December 24th, 2012

 Gone are the days when employees were secure in their knowledge of going to work every day and earning their wages and employers had total confidence on their staff’s efficiency. Thanks to the economic recession that enveloped the world a few years back and even now does not show any signs of loosening its grasp, this situation has changed completely. Nowadays it is common for employees to receive termination of employment notice from their supervisors and in the event they retaliate it is equally common for employers to seek employment legal advice on the issue.

In the event of termination of employment, there is usually a lot of hue and cry about whether it was fair or unfair and if it should be contested. Much of the problem arises from the fact that both employers as also employees are usually not aware of their rights and hence act in complete ignorance of the law. The result is that while the employers find themselves justifying their actions in the courtroom the employees get fired from jobs. Therefore, a strong recommendation for both would be to seek employment legal advice and gain cognizance of the rules governing hiring and firing.

There was a time when a law titled ‘Employment at will’ gave employers the right to terminate employment as and when they wished. However, in view of the fact that it gave undue advantage to the boss and left the workers at his mercy, it was duly modified to suit everyone’s interest. As a result now termination of employment can be carried out by employers only when he/she is able to justify the reason underlying the action. As far as the employees are concerned if they feel that they have been fired unfairly then all they need to do is seek employment legal advice and check the section they fall under.

Termination of employment can be successfully carried out by the employer only when the action is beyond the grasp of any of the stated exceptions. Exceptions are public policies, judicial and implied covenant of good faith and there is a fourth as well namely joining or taking part in activities of the trade union. Every state has its own public policy to pursue and it has been found that firing employees at will goes against this. Therefore, on seeking employment legal advice on this matter it is the employee who will stand to gain because the employer’s action is in violation to this policy.

When employees are hired for a particular task or position they are required to sign a contract subsequent to being interviewed. If anything entered in the handbook at that point of time or any statement made by the employee during the interview is used as grounds for termination of employment then the employer is in legal soup. Likewise when an employee seeks employment legal advice because he has been fired just prior to receiving a bonus, he can rest assured of winning the case. An employer who is not cognizant with these exceptions should be prepared for a legal battle.

Unfair termination of employment can occur on a number of other grounds as well like racial discrimination and disability of the worker and the employee can be reinstated or employed again for the same position. But this law provides a certain amount of protection to employers also in the sense that if a particular employee has been found to be incompetent then he can be fired. Employment legal advice also justifies termination action of employer if there is a legal issue preventing the employee from continuing with his job. Thus, there is something in it for both parties.

One of the most unpleasant aspects of working is when the employee is suddenly faced with termination of employment on what he considers as being unfair grounds. For such people help is close at hand in form of employment legal advice which will quote the law and then check which party is at fault.