Wrongful Discharge Research Paper

The company has the right to terminate an employee as long as the termination does not discriminate or

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

"Labor Code section 2922, which provides that an employment relationship of unspecified duration may be terminated at the will of either party, establishes a presumption of at-will employment. This presumption may be overcome by evidence of an implied agreement that the employment would continue indefinitely, pending the occurrence of some event such as the employer 's dissatisfaction with the employee 's services or the existence of a cause for termination. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 680, 254 Cal.Rptr. 211, 765 P.2d 373.) `[Factors apart from consideration and express terms may be used to ascertain the existence and content of an employment agreement, including the personnel policies or practices of the employer, the employee 's longevity of service, actions or communications by the employer reflecting assurances of continued employment, and the practices of the industry in which the employee is engaged. ' [Citation.]" (Soules v. Cadam, Inc. (1991) 2

To protect interests of employees, the most of the states recognized the exceptions in employment-at-will, that helps employees to confront termination and retaliation. There are several exceptions, which can help employees in such unfair bargain. One of them is a public-policy exception. Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhl, 2001). Most states accept public-policy, which protect employees from unlawful discharge. Employee cannot be fired when he

In a wrongful termination case, the terminated employee must prove more than having been treated unfairly, s/he must be able to prove one or more of his/her legal rights were violated” (Wrongful Termination Website, 2011). Employees in many states are at a disadvantage, possessing few rights, because of the employment at will rule, meaning employers can fire employees at any time and for no reason at all, just like employees can quit any time and for any reason. This makes the definition of wrongful termination extremely narrow.

A wrongful discharge case is a major exception to at-will employment. There is a Common Law of the exceptions to a wrongful discharge case to At-Will Doctrine includes terminations that violate state policy. It also includes termination after the creation of an implied contract of employment. Furthermore, termination of service in violation of an implied covenant involves good faith and fair dealing. Moreover, unlawful termination includes termination that violates federal, local, or local laws to combat discrimination.

In the state of Maryland, all employment is considered “at-will”. From the text, the definition of at-will employment is employers have the “…discretion to fire employees ‘for a good reason, bad reason, or no reason at all.’” (Halbert & Ingulli, 2012) From Maryland’s Department of Labor, Licensing, and Regulation, employment at will is defined as “In Maryland, employees work "at the will" of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason -- whether fair or not -- or for no reason at all.” (https://www.dllr.state.md.us/labor/wagepay/wpatwill.shtml) Because of the employment at will doctrine, people risk losing their jobs for

California is an at-will employment state, meaning an employee can be terminated at any time, with or without cause. Yet, some employers get surprised when an employee resigns then comes back to sue for wrongful termination.

This research paper describes the significance and importance of wrongful conviction as a criminal justice issue, the evolution of an innocence movement to litigate on behalf of possible wrongfully convicted cons and to expose the issues surrounding the topic and research done. This is allows the justice system to use legal and psychological inquiry to define such matters. A research portfolio for the criminal justice policy scholars is proposed to examine further possible innocent and prevent such future matters from occurring. Research has been done from sociology and political science to elaborate the study of a potential policy change, interest and social movements groups offer models and methods that would give way to criminal justice

Ordinarily, the Department contacts an employer and the former employee to get information about the reasons the individual quit or was laid off from work. In the case of a discharge, the employer has the burden to demonstrate substantially that the termination of employment is a misconduct established by individual states laws. In the case of a quit, the individual must show that he/she had good reason for quitting a job. For UI purposes, school employee claims have specific

Employment at will is essentially a rule that strips employees and employers from their rights to due process when it comes to workplace termination. Under this principle employers may let any person go for any reason at any time during their employment with or without just cause. Your stature at the company, time worked, personal conduct; none of those things have to be taken into consideration if you are let go. This means that if an employee does not agree with their grounds for termination, they have no legal right to fight it in a court of law. Employment at will also allows employees to quit their job at any time, again regardless of having just reasoning or not. The only case where an employment at will principle would not apply is if an employee, when hired, signed a document that stipulates other specific terms and conditions regarding grounds for termination/quitting. An important thing to make note of is just as if an employee had signed a contract, they are made aware before being brought on full time, that they are an “at will” employee. These soon to be employees are voluntarily signing that they abide by what is defined in the employment at will principle.

7 This is one of the applications that can be lodged when being unfairly dismissed. There are many things that can be cover by Unlawful Termination, which include, race, sex, age, physical or mental disability, family or carer’s responsibilities, pregnancy and religion.6 The Unfair dismissal legislation, workers compensation laws, anti- discrimination laws, or disability discrimination laws cover these employees. 7

One can be fired without severance pay and without notice for willful misconduct. However, to prove a willful misconduct case, an employer has to prove beyond doubt that you were bad on purpose. An employer will need to have a water-tight case to stand any chance of a willful misconduct case being upheld.

* LectLaw states, "Government employees: Federal, state and local government workers are protected by the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of "life, liberty or property" without due process of law. These employees are considered to have a property interest in their jobs, and the right to due process places significant restrictions on arbitrary dismissals unrelated to job performance. Some additional protection is provided by federal, state and local civil service laws."

Ordinarily, the Department contacts both the employer and the former employee to get information about the reasons the individual quit or was laid off from work. In the case of a discharge, the employer has the burden to prove extensively that the termination of employment is a misconduct established by individual states laws.