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Employment Law: Wrongful Termination

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Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful termination.

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This may seem to be cut an dry understanding that "at-will" means an employee can be fired at any time for any reason, any reason that is not illegal or for absolutely no reason at all.

So in the case of Davis Hosiery Mills I believe the first thing to determine would be if in that particular State the "at-will" rule is recognized as legal. Well as long as they are not located in Montana then employment is presumed to be at-will. So you see even if the writing of that within the employee handbook was in small print that alone would not make the case for wrongful termination.

Let's review some of the things that could contradict the at-will status and would be helpful in a wrongful termination suit. For example did the employee have a written contract or some type of written statement promising job security (most employers do not provide such a contract). Was there an ...

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The expert examines wrongful termination of employment laws.

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Wrongful Termination of an Employee

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Wrongful termination of an employee is a frequent complaint filed with the Equal Employment Opportunity Commission (EEOC). To avoid a finding of wrongful termination, organizations must develop policies and procedures that ensure that proper steps are taken that are consistent with regulations and laws. Providing senior leaders with information that is critical to effectively mitigate potential liability is a critical role for HR.

Research the legal issues associated with terminating employees, and prepare an executive-level paper that addresses the issue of wrongful termination, including the following:

Identify the duties and rights of the parties in an employment contract as well as the liabilities of each in the event of noncompliance.
What is the EEOC's responsibility and process for determining wrongful termination?
Define employment-at-will.
List the policies and procedures you would recommend organizations issue to prevent cases of wrongful termination.

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