Following your request, I have researched on the employment termination law. The information is presented in the following subheadings
- The legal concepts of ‘employment at will” and “just cause” for termination
- The steps that should be taken in the termination process (how should it be done);
- The legal elements of defamation and the defenses to defamation;
- The legal concept of “constructive discharge”
- The legal concept of “wrongful discharge”
- Include the elements of legal aspect of negligent hiring;
The legal aspects of employment at will specify that the employer and the employee have an agreement which governs the working relationship between them. Here, any party can terminate the contract without giving the cause of termination or providing a notice of the same. With respect to the just cause, a decision regarding the employment considers all the factors surrounding the decision and is made in good faith; meaning that it is not led by unreasonable basis.
Employment termination should be the last resort after an employee has failed to chance after progressive disciplinary measures. The employment termination process should follow the following steps; the decision to terminate the employee must be made by all the relevant authorities the employee should then be summoned with a letter of termination explaining the reasons as to why he/she was terminated from employment and lastly, letter should indicate the time when the termination of employment commences.
Defamation is defined by slander and libel; that is speaking and writing. In case of an employment termination, any instances of defamation which may occur as a result of the process should be dealt with according to the law. There are various articles in the constitution which will help the defense in such cases.
The legal concept of constructive discharge stipulates that an employment contract may be terminated unjustly in instances where by an employee quits work in instances where the employer made the working conditions unbearable. In such a scenario, the employee may be eligible to compensation and benefits associated with unjust termination under the concept outlined above.
The legal concept of wrongful discharge indicates that it is wrong to terminate an employee without a lawful reason as to why this is done or if the termination does not take into account the elements if the agreement in the employment contract.
Legal aspects of negligent hiring indicate that an employer should identify the background information of a prospective employee to the highest degree possible so as to ensure that the employer is not liable for any occurrences which may happen as a result of the employees background. In such a situation, an employer will have already refused to hire an employee due to the knowledge of his/ her past, for instance dishonesty.