Re: termination

From: Cara Levinson
Email: CaraBLevinson@aol.com
Date: February 10, 2005

Comments

There are some variances among the states as to claims an employee can make for what he/she believes is a termination based on an unlawful reason. However, the general rule continues to be that, unless there is an employment contract, all employment is considered to be "at-will." This means that either the employee or the employer can end the employment relationship at any time for any lawful reason, with or without notice.

There is no such law as a two-week notice rule.

There is no such law as a "must give the employee probation" rule.

There is no such law as a "give the employee notice of his deficiency and give him an opportunity to improve."

HOWEVER, except where conduct is egregious, most employers do give employees an opportunity to improve before they terminate them, in spite of the employers right to terminate at will. There are many reasons to do this: (1) it is far less costly to rehabilitate an employee than to have to recruit and train a new one; (2) it models fair and consistent conduct for all workers; and (3) most importantly, it bolsters an employer's defense in case the employee later files a claim alleging that the termination was unlawful (for example, based on discriminatory motives).

Please also review my discussions on Termination from February 7 and 8.