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Termination

At-Will Employment
At-will employment is the most common form of employment throughout the United States. Being an at-will employee means that an employee can be fired at any time and for any reason as long as the reason is legal. At the same time, an employee can leave the job at any time for any reason. According to state law, most employment that is not governed by an employment contract is presumed to be at-will.

At-Will Employment
Employees who are working under an enforceable employment contract generally require termination for-cause. For-cause termination requires the employer to have legitimate reasons for termination. If this is the case, there will be a contractual obligation to provide grounds for dismissal.

Whistleblowers
When an employee reports an employer's legal violation to the appropriate government agency, that is known as whistleblowing.

An employee who asserts their right to report illegal activity cannot be fired, demoted, or reassigned for their actions. They are protected as a whistleblower. In the event that an employer desires to terminate a whistleblower, the employer should proceed with caution and involve an attorney, ensuring to minimize their liability.

Discrimination
Generally employers have discretion over who they hire. There are a wide variety of discrimination and civil rights statutes which are administered by The Equal Employment Opportunity Commission (EEOC). These statutes enable the EEOC to facilitate and resolve disputes regarding discriminatory employment action (i.e. hirings, firings, demotions, promotions, and firings).

The EEOC reviews all complaints pertaining to discriminatory treatment before an employee can sue an employer in federal court. Before allowing an employee to sue in federal court, the EEOC conducts an investigation into the employee’s complaint. If the EEOC determines that there is a probable instance of discrimination, the EEOC will bring a lawsuit on behalf of the employee in federal court. With a finding to the contrary, the EEOC will issue a right-to-sue letter, which enables the former employee to sue in federal court without the assistance of the EEOC.

Employers should note that a finding of no probable cause is not a clear indicator that the employer will win at trial. If you are embroiled in a discrimination dispute, contact an employment law attorney to learn about your rights and options.

An employer should look carefully at their state law regarding termination of employment. At-will employment is the norm in most jurisdictions. Further, the employer should write their employment policies and manuals carefully so as not to create the impression that a contractual obligation has been created. Businesses should also scrutinize their actions in regard to protected groups (race, color and national origin).


Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your employment law needs.
FAQ's
Q: How do I find out if a(n) (potential) employee is legally permitted to work in the United States?
A: Before hiring a new employee the federal government requires that the (potential) employee fill out an I-9 form. This form asks for proof of eligibility to legally work in the United States. This form does not have to be turned into the federal government but must be kept on file for at least three years and be open to inquiry by government officials.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Do I have to give reasons for not hiring someone?
A: No. A reason does not have to be given for not hiring an employee. But caution should be taken if there is the possibility that an illegal decision was made.

Q: How much do I have to pay my employees?
A: Compensation depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage (state or federal, which ever is higher). Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions.

Q: Can I fire an employee for any reason?
A: The answer to this question depends on the state and the type of job the employee holds. Most states have what is called "at-will" employment. This means that the employee can be fired at any time for any legal reason. Some jobs are covered by contract in which case a legitimate reason would have to be offered for termination.
Resources
This site features all of the federal government information of employment practices and laws regarding such things as wages and hiring. This site also provides links to state law documents.

This site provides an overview of laws within the scope of the EEOC. These laws include Title VII of the Civil rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The site also features a short question and answer section.

Official United States Government Website - The official U.S. government website provides both general information and also access to online forms for use by an employer. Links to the IRS and the United States Citizenship and Immigration Service are provided.

Legal Information Institute - This site provides general legal information about employment law. The site also provides information on specific employment related subjects such as pensions and workers' compensation.

Occupational Safety and Health Administration - This site provides detailed information on safety standards that have to be followed in most industries. This link is both employee and employer centered.