This area of law applies to terminations, constructive discharge, reductions in force and layoffs, and 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. Learn what is wrongful termination and how to let employees go the right way with our wrongful termination law training.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ categories.

Employees: Enforce your rights with our Wrongful Termination Checklist.

Employers: Stop wrongful termination lawsuits with our comprehensive Layoff System, our Wrongful Termination Checklist, Termination Procedures Toolkit for California Employers, and excellent Training Programs.

FAQs

• When is a firing discriminatory?
• What is good cause for termination?
• What is proper procedure for termination or demotion?
• 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?

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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

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What is good cause for firing?

• Can I be fired because my boss' wife hates me?
• 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?

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What is proper procedure for firing or demoting?

• Performance Management and Documentation Save the Day!
• The Dangers of Performance Management Inertia
• 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?
• Don't let documentation disasters happen to you!
• Company issued new handbook -- does that violate my written contract?

When and how is an investigation conducted?

• Employees allowed to have co-worker present in investigation meetings

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What are layoff rights and duties?

• I was laid off 7 months ago due to lack of work, and the company is now hiring that same position. Don't they have to call me back?
• 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?

What are rights to performance appraisals?

• Getting It Right! Managing Employee Performance
• Should we micro-manage the performance appraisal process?
• Do we have to evaluate exempts and non-exempts using the same standards?

What are rights and duties in hiring and references?

• What do we do about a former employee who keeps re-applying?
• 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?

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?

Stop Costly Lawsuits Fair Measures-Suggested Readings and Book Reviews

• Managing Within the Law: A one-day, in-depth training seminar
• Executive Seminars for your CEO, President, and Vice Presidents
• Suggested Readings (books)

 

Know Your Rights

• Suggested Readings (books)
• Wrongful Termination Checklist

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Still have questions about Wrongful Termination Law? Ask the Lawyer!