Illegal Termination of an Employee: Case Study

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Truth and Justice Introduction Losing a job is always painful, but when it happens suddenly and for unfair and even illegal reasons the sting can be far worse. When employers have broken the law in terminating an employee, though, there are methods for redressing such grievances. A case as clear-cut as this one shouldn't have any problem making the company sit up and take notice, and getting the terminated employee a better deal than they had before. WARN The suddenness of the mass layoff might prompt some to invoke the Worker Adjustment and Retraining Notification Act, or WARN, and it is possible that the provisions of this legislation apply here (US DOL, 2012). This Act requires employers to give advanced warning of mass layoffs in many cases; in this case, assuming the employees had been with the company more than six months and averaged more than twenty hours a week, and assuming that the 99 employees terminated in this mass layoff made up at least a third of the employer's workforce at the given layoff site (US DOL, 2012). If the 99 employees did not represent at least 33% of the employer's active workforce, however, which in some large corporations is entirely conceivable, the provisions of WARN would not apply (US DOL, 2012). Employee Polygraph Protection Act This does not mean that there would be no recourse in this situation, though. The Employee Polygraph Protection Act of 1988 makes it illegal for most private businesses to require or even request their
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