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