Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time.
If an employee is under contract, however, the terms of the contract apply. A written contract may specify the reasons you can terminate the employee, while an oral contract usually implies that termination can occur only for cause. Usually, that means the employer can terminate the worker only for, dereliction of duty, an act of dishonesty or insubordination, or because the company needs to eliminate the position the employee holds.
A contract may be a formal, signed agreement, a collective bargaining pact or an implied contract. Not all states recognize implied contracts. If your state does honor such agreements, a court migh...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware: You're now strictly liable for supervisor harassment
- Top brass not listening? Scare 'em straight with true stories
- Give HR the last word on terminations: Supervisor bias can taint firing decisions
- Employee returning from injury leave? Don't treat her with 'kid gloves'