How to Legally Terminate an Employee
Running head: HOW TO LEGALLY TERMINATE AN EMPLOYEE
How to Legally Terminate an Employee Abstract
Statistics reveal that approximately four out of every one hundred workers are fired or resign from their jobs each month, and an estimated one million workers are fired from their jobs each year (S.M. SACK 99). Many people who are fired are done so unlawfully. When a company terminates an employee unlawfully it can create astronomical financial burdens from law suits filed by these employees. In today 's society employees have many rights and are protected by laws. Managers must understand these laws in order to protect themselves and their companies from such law suits. This will give advice on the legal way to terminate an employee, and save the company from unnecessary embarrassment and loss of money through legal actions.
Everyday managers are faced with that dreadful task of firing an employee and that question on their mind prior to doing it is probably, "Am I doing this the legal way and will anything come back to haunt me at a later date?" Managers must understand all state and federal laws that pertain to lawful termination and employee rights, the way they do this is by reading company policies and researching all the laws that cover these areas and there are many out there.
In order to have a better understanding of how to legally fire someone, you must first understand what "employment-at-will" means and what the exceptions to it are. The basic form of the employee and employer relationship in the private sector is employment at will. Employment at will happens when the length of the employment is not for a specific time and there is no written contract. During the time of employment the employee or the employer can end the relationship for any reason with five exceptions, which will support a wrongful termination. The first exception is a contractual relationship; it exists when employers and employees have a legal
How to Legally Terminate an Employee Abstract
Statistics reveal that approximately four out of every one hundred workers are fired or resign from their jobs each month, and an estimated one million workers are fired from their jobs each year (S.M. SACK 99). Many people who are fired are done so unlawfully. When a company terminates an employee unlawfully it can create astronomical financial burdens from law suits filed by these employees. In today 's society employees have many rights and are protected by laws. Managers must understand these laws in order to protect themselves and their companies from such law suits. This will give advice on the legal way to terminate an employee, and save the company from unnecessary embarrassment and loss of money through legal actions.
Everyday managers are faced with that dreadful task of firing an employee and that question on their mind prior to doing it is probably, "Am I doing this the legal way and will anything come back to haunt me at a later date?" Managers must understand all state and federal laws that pertain to lawful termination and employee rights, the way they do this is by reading company policies and researching all the laws that cover these areas and there are many out there.
In order to have a better understanding of how to legally fire someone, you must first understand what "employment-at-will" means and what the exceptions to it are. The basic form of the employee and employer relationship in the private sector is employment at will. Employment at will happens when the length of the employment is not for a specific time and there is no written contract. During the time of employment the employee or the employer can end the relationship for any reason with five exceptions, which will support a wrongful termination. The first exception is a contractual relationship; it exists when employers and employees have a legal
References: DeCenzo, D.A.,& Robbins,S.P.(2005). Fundamentals of Human Resource Management (8th ed). Hoboken, NJ: John Wiley & Sons, Inc. Moore,J.A. (1999 May 21). New Hampshire Business Review: Make Sure There are no Bumps in the Road to Termination, Vol.21, Issue 11. Sack, S.M. (1999). Getting Fired. New York, NY: Warner Books, Inc. Steingold,F.S.(2004). The Employer 's Legal Handbook(6th ed). Berkley, CA: NOLO Ullmann, V.E.(2004). Labor and Employment Law. Clifton Park, NY: Thomson.