This area of law applies to terminations, constructive discharge, reductions in force and layoffs, as well as to demotions and denial of promotions in some states. Despite the rise of wrongful termination cases in recent years, the basic law still is that most employees are ‘terminable at will.’ An at-will employee can be terminated at any time, for any reason, or no reason whatsoever.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

Employers: Stop wrongful termination lawsuits with our comprehensive system for layoffs, our wrongful termination guide, training programs, books, and tapes.

Employees: Enforce your rights with our wrongful termination guide and recommended books.

FAQs

• When is a firing discriminatory?
• What is good cause for firing?
• What is proper procedure for firing or demoting?
• When and how is an investigation conducted?
• What are layoff rights and duties?
• What are rights in performance appraisals?
• What are rights in hiring and references?
• When can employees quit and sue?
• When must managers pay attorneys fees or damages?

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FAQs

When is firing discriminatory?

• Is it legal to "lay off" a woman and immediately hire a man?
• Am I protected for reporting harassment of my subordinate?
• I got a warning after reporting illegal activity at work - what should I do?
• Can employer take away our holidays?
• Can we fire employee for refusing to sign disciplinary documentation?
• Employee is recruiting others for a class action suit - can we fire him?
• Fire a Whistleblower, or Falsify Documents, and Go to Jail
• After working 5 years, can I be fired for a felony I put on my application?
• Can conviction due to alcoholism be used to bar employment?
• What would a lawsuit cost an employee?
• Why do two attorneys assess my case differently?
• Can an employee be terminated while on active duty military leave?
• Can a reorg justify laying off a worker who uses a lot of sick time?
• California law prohibits firing for off-duty conduct
• Dying employee has bad attitude -- can we fire him?
• Alcoholic employee refuses to take FMLA -- can we fire him?
• What do we do when employee changes his mind about retiring?
• Can we fire victim of harassment who doesn't complain?
• Is it illegal to lay off employee shortly before vesting?
• What are legal risks of anti-nepotism policies?
• Can we terminate an employee on disability?
• Can we terminate disabled employee on workers comp?
• Veterans Re-Employment Act violated by denial of promotion
• Manager's oral promise creates a contract
• Inability to get along with others not covered by ADA
• Can we fire employee who doesn't meet new goals?
  

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What is good cause for firing?

• Can we fire employee for using foul language?
• Can employee be fired for being "unhappy"?
• Can we fire employee surfing "adult" web sites on the net?
• Can we fire employee for misconduct during his lunch break?
• Can we fire a manager for poor attendance?
• New employee "forgot" to work on Fridays - can we fire him?
• Can I fire an employee for theft without proof?
• Can I fire an employee because she is related to a Board member?
• Work rules inconsistently enforced--can someone be fired?
• Would it still be just cause, if information was found out after termination?
• Is it legal to fire me for what I put in my blog?
• Can they fire him for being temporarily disabled?
• Can you get fired because you're looking for another job?
• Can I fire a worker who makes everyone mad?
• I was fired for calling my manager a sow -- doesn't that violate my freedom of speech?
• Manager fires employee for giving away a dog -- is that legal?
• What are legal implications of post-tests?
• "Seinfeld" case reversed on appeal; management upheld on all counts
• I was disciplined for not coming to work over unsafe roads -- is that legal?
• Can I fire employee who tells lies about me?
• Can probationary employee sue when fired for false reasons?
• Can I be fired for refusing to wear long-sleeve shirt to cover tattoos?
• Is firing a probationary employee for no reason illegal?
• Can supervisor be fired for e-mails to lover-subordinate?
• Is it illegal for an employee to have two full-time jobs?
• Can non-smoker be fired?
• What is the "legal" definition of insubordination?
• Can we fire an executive who quits?
• Can employee be fired for rumors that damage employer reputation?
• What should we do about lying on applications?
• Discovering criminal convictions of employees -- what can we do?
• Manager properly fired for off-site sexual activity
• Employee wins for firing after refusing drug test
• Employee properly terminated for making threats
• Court rules in favor of aircraft safety whistleblower
• Car salesman fired for opposing sales training can pursue whistleblowing case
  

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What is proper procedure for firing or demoting?

• Can you discipline an employee by taking away a vacation or personal day?
• What's the difference between termination and firing?
• Supreme Court Tells Employers to Document Legitimate Reasons for Layoff
• Can we fire people by phone?
• New case holds terminations must be handled consistently
• How can I protect myself in employment case against my predecessor?
• Can we use old warnings against newly promoted employee?
• Can we fire employee after she quits?
• Florida truck driver fired in Pennsylvania -- does employer have to pay his way home?
• Court upholds management's right to change performance ratings
• What are rights to health benefits after termination?
• What should I say at termination?
• What are the rules on releases for employees under the age of 40?
• Company issued new handbook -- does that violate my written contract?
• What disciplinary steps are required by law?
• How much notice do you have to give before transferring an employee?
• Is HR manager legally required to witness counseling sessions?
• Is mandatory arbitration legal?
• Are e-mails sufficient notice of poor performance?
• How should I fire a tardy employee?
• How do we handle senior employee whose performance dives?
• Is our HR Department inept or illegal -- or both?
• Employee properly fired 3 years after misconduct
• Revising your policies? Give employees notice of major changes
• California Supreme Court gives employees more time to sue
• Calif. Supreme Court upholds employer in important case
  

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When and how is an investigation conducted?

• Employees allowed to have co-worker present in investigation meetings
• Do I have the right to know who my accusers are?
• First we fired, then we investigated -- is that okay?
• Does accusation by fellow employee justify drug testing?
• What do we do after we discover we fired employees for unfair reasons?
• What are my rights if accused of sexual harassment?
• Court details how to conduct a fair investigation

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What are layoff rights and duties?

• Protecting your company in tough economic times: before, during and after layoffs
• We downsized an employee right after we hired one - is that legal?
• Layoffs Lead to Lawsuits
• Court rules employee does not have right to be laid off
• Is it legal to do forced ranking based on employee "energy" and other intangibles?
• Our layoff list has a high percentage of minorities. Is that illegal?
• The union & company are forcing us out - what can we do?
• How should layoffs be implemented?
• Are there special rules for laying off H-1B visa workers?
• Can the boss increase my workload instead of recalling a laid-off worker?
• How can we get RIFfed employees to sign releases?
• Failure to redeploy older worker is age discrimination
• "At will" company sued for wrongful termination after layoff

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What are rights to performance appraisals?

• Should we micro-manage the performance appraisal process?
• Do we have to evaluate exempts and non-exempts using the same standards?
• Are employees entitled to comment on performance appraisals?
• Is a review illegal because it contains manager's opinions?

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What are rights and duties in hiring and references?

• Can I check references after I hire someone?
• Background Checks Prevent Discrimination
• Court Requires UPS to Hire Deaf Drivers
• Can we fire minister for lying on her application?
• We publish sex ed materials - should we inform applicants?
• We hired someone without necessary skills - can we fire now?
• Do we have to give references?
• Watch Out for the References Set-Up!
• What is a "Right to Work" state, and how does that fit with "at-will" employment?
• Do we have to give former employees copies of references?
• When can an employer require a non-compete agreement from current employees?
• Are non-competition agreements legal?
• What can you say in a reference?
• What documents can an employer ask for?
• Is it legal to rate applicants on appearance?
• Do we have a duty to give bad references?

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When can employees quit and sue?

• When a harassed employee quits, your troubles may just be starting
• My boss won't talk to me. Is that constructive discharge?
• Can truck driver who quits due to pot smoking co-workers sue company?
• Employee quits, wins constructive discharge case

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When must managers pay attorneys fees or damages?

• Manager's attorneys fees paid if they acted in course & scope of employment
• Court orders employer to pay attorneys fees for sued manager
• Managers can NOT be sued personally for discrimination, Cal. Supreme Court holds
• Losing corrections officer ordered to pay employer's attorneys fees

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• Fair, Square & Legal: Safe Hiring, Managing & Firing Practices to Keep You & Your Company Out of Court (book)

 

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• Your Rights in the Workplace (book)