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Termination Guideline #1 — Fire at will: Employers’ rights
Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason at all, and, conversely, employees have the right to leave the organization at any time.
If an employee is under contract, though, the terms of the contract apply. A written contract may specify the reasons you can terminate the employee, while an oral contract usually implies that termination can occur only for cause. That means the employer can terminate the worker only for poor performance, dereliction of duty, an act of dishonesty or insubordination, or because the company needs to eliminate the employee’s position.
At-will limitations
Over the years, the employer’s right to fire at will has been limited, as courts have recognized exceptions to the at-will doctrine. Here are three major exceptions:
Exception 1: Discrimination. Under federal law it’s illegal to terminate workers because of their age, race, religion, sex, national origin or a disability that does not influence their job performance. Some states add other limitations—for example, in many states, you can’t fire someone over sexual preference.
Yeah, all she has to do is prove that's what it was. Good luck with that.
There have been far weaker cases that have prevailed. This company is toast. Bunch of idiots...they went with trump and now his own EEOC will screw them. Sweet!!!
This is accurate, however, this is not a case of discrimination and proving such would require a heavy burden on her part, in this case.
In the same time period, a male co-worker put obscenities on his FB page. He was not fired. His obscenities had to do with politics, too. It really is an apple to apple case of having a different standard for the woman v. the man in the workplace.
In the same time period, a male co-worker put obscenities on his FB page. He was not fired. His obscenities had to do with politics, too. It really is an apple to apple case of having a different standard for the woman v. the man in the workplace.
no, its really not. Even if this woman did not raise her middle finger up, she still could have been fired and him not. Its immaterial to the discussion. She can be fired because they want to fire her.. they are not firing her for being female, they are firing her for breaking company policy. This does not mean that all individuals must be fired who break company policy, it means SHE broke it, and SHE got fired. Period.
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