Legal Issues on Employee Termination
Certainly these statistics are partially a result of the lawsuit-happy 1990s but they are a symptom of a deeper illness inherent in the workplace itself. Diversity in the workplace has created a state of flux in which old management styles and practices are no longer tolerated. Today’s managers must be especially sensitive in their employee dealings with women, minorities, the disabled or others individuals who are particularly protected by termination legislation. This analysis will discuss the environment in today’s workplace where termination of employees is concerned, in addition to the steps of recourse employees may take who are dismissed. A conclusion will discuss the future of termination legislation.

Because of the erosion of the employment at will contract today’s effective managers must know how to effectively terminate employees. The decision cannot be based on personal emotion. It does not matter if you like or dislike the person; the reason for firing must be connected with actual job performance. For this reason the majority of experts in the literature agree that there cannot be enough documentation det

 

Baliga, W. “Court Rules for Employees in Termination From CPA Firm.” Journal of Accountancy. Vol. 180. No. 3. Sept. 1995: 24.

The appeal process is one whereby the employee can take the recourse of appealing the decision in-house before moving to take steps towards litigation. This process is one whereby a neutral review board within the company reviews the decision and facts of termination and allows the employee to be heard. Many experts argue that even if their appeal is turned down, the appeal process helps stave off lawsuits because many times the terminated employee merely needs and wants a chance to have his or her side of the story told. With the enormous costs of lawsuits any measures that can help reduce the occurrence of them are worthwhile where the organization is concerned. The following steps are advised by many lawyers as a way of avoiding legal repercussions when it comes to termination of employees:

The unions and their members have also had an effect on restricting the ability of employers to discharge or terminate and employee at will. Termination for a good cause is an acceptable fact by most courts but the problem is that many courts define good cause in a different manner. There are many typical good causes listed by employers when it comes to the termination of employees. The following lists of excuses represents the majority of typical good causes listed by employers when firing employees: absenteeism or tardiness; insubordination; poor performance; horseplay and/or fighting; seniority; work slowdowns and stoppages; dress and grooming code violations; union activity; off-duty misconduct; dishonesty and/or stealing; possession of or being under the influence of drugs or alcohol (Freedman 133-134). However, one still must know the law and court precedents when it comes to terminating an employee for these types of common “good causes.” For example, some courts defend the employee who is on drugs or alcohol saying it provid

 
3212
13
 
   
 
 
   
    Some topics in this essay  
 
    Resource Management | Act ADA | Evaluate Figure | Christmas Thanksgiving | Hiring Firing | Human Relations | Legalities Recourse | Leave Act | Civil Rights | Termination Firing | wrongful termination | termination employees | employee termination | employment contract | common sense | statutes court decisions | civil rights | employers employees | beck 1 | employee terminated | statutes court | termination employees concerned | comes termination employees | sack hiring firing | typical causes listed |  
   
 
 
 
   
    Get Better Grades!  
 
   
 
   
 
   
    Saved Papers  
 
    Save your essays here so you can locate them quickly!  
   
 
   
    Testimonials  
 
   
"I've used this site for 2 semesters and I'll be back next year for sure!"
Liz R.
 
"This site rocks! I got an A thanks to you helping with my writers block."
Sara B.
 
"I was in a real bind and your site helped me to come up with ideas for my paper."
Brian T.
 
"It's nice to be able to find information so quickly and easily."
Jillian T.
 
"I enjoy reading other writers papers to get their perspective on things. It makes writing my own paper so much easier."
Cindy A.
 
 
   
 
 
Copyright © 1999 - 2013 CollegeTermPapers.com. All Rights Reserved. DMCA