Employment Termination

2790 Words Apr 22nd, 2013 12 Pages
Employment Termination
What Every Manager Should Know
Introduction
Termination is one of the most difficult tasks a manager will have to perform. A manager needs to have a good understand of everything that is involved in an employee exiting the company.
This paper is designed to do just that by giving a broad overview of the topic and highlighting the most important parts. By reading this paper a manager should be much more prepared and less likely to commit a mistake during the termination of an employee. The manager should also be able to make the termination a smoother transition and therefore an easier task to complete.
Definitions
Definitions of some of the important terms are given to give a manager a better understanding of
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When an employer terminates an employee for cause, the employer does not have to give the employee notice [ (Heathfield, Termination for Cause) ].
Employment At-Will
Employment at will means that an employee can be terminated at any time without any reason. It also means that an employee can quit without a reason. Again, employers are not required to provide notice when terminating an at-will employee. There are exceptions to the at-will termination, for example the federal Wagner Act of 1935 made it illegal for companies to fire employees because they are engaged in union activity [ (USLegal) ].
Mutual Termination
Occasionally, an employer and employee recognize that they are not a good fit for whatever reason. They mutually agree to part ways in a manner that makes neither party culpable for the termination. An agreed upon exit strategy is what makes for a mutual termination [ (Heathfield, Termination) ].
Wrongful Termination
Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired. An employee can be wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination. Other reasons that could be construed as wrongful termination include retaliation i.e. being fired for being a whistle blower or complaining, or for not being willing to commit an illegal act when

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