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Wrongful termination: What do courts look for?

by on
in Firing,Human Resources

Q. What factors do the courts use to determine if termination is an appropriate penalty? — Pam, Pennsylvania

A. When an employee is terminated for a rule violation, the courts and arbitrators will look at the following to determine if termination is the appropriate penalty:

  • Whether the employee was aware of the rule
  • Whether he or she was warned about the possible consequences of breaking it
  • What the employee’s previous em­­ploy­­ment record is
  • How other employees have been disciplined in the past for similar infractions.

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