Firing and Employee Discipline Laws

Employment termination policies under the federal and state laws

Disciplining and firing employees often involves various legalities, emotional flaunts and sometimes results in long-term consequences. The firing and employee discipline law is governed by the combination of state and federal laws which are associated with evading illegal termination. There are many circumstances that can lead to termination of the employee and sometimes a person may feel that they were treated unfair in the process of firing. It is a general concept that the employees in United States can be fired or hired for any reason, but there are some significant exceptions. It is very important for every individual to be aware of firing and employee discipline law and know their legal rights and obligations in the job termination process.

Employment termination policies:

  • Unless the termination violates the federal or state law, company strategies and an implied contract, the employer is at-will to cease the employee’s job with very short notice or for no reason at all. As per the firing and employee discipline law if the employees feel the termination has been done illicitly, then they can protest against the firing process.
  • Discrimination occupies an important part of the firing and employee discipline law as it includes firing and work place harassment. Every state has its own set of discrimination laws which are enforced by the federal agency called the Equal Employment Opportunity Commission (EEOC). But overall these laws prohibit discrimination based on race, sexual orientation, color, religion, origin of nationality, veteran status etc.
  • The firing and employee discipline law also provides protection in terms of civil rights statute and prevent job termination on the basis of confined status like race or gender, or on the basis of reporting illegitimate action being carried out by an employer. In case if the employer is not able to fire the employee without reason, then there should be valid cause to release him from the company’s services.

Laws of firing or termination:

  1. When an employee is fired for no reason then it might indicate the illegal discrimination and violation of employment laws as per the federal policies. If any individual suspects that he has been fired based on the illegal discrimination or in retaliation for certain actions then according to the firing and employee discipline law he/she can file a complaint to the federal EEOC or state anti-discrimination agency.
  2. When the employer terminates the job of an at-will employee on the basis of bad faith or for a reason that violates the state’s public interest then it implies that the action is unreasonable and unlawful. In case of the employee under contract, the firing and employee discipline law states that the employer may not fire the worker unless there is a legitimate reason acceptable by the law of contract.

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