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Termination (with Discharge)
National Summary
Termination, while often unpleasant, is simply a necessary part of the employment relationship. Fortunately for employers and employees alike, employment is generally considered at will, which means that either the employee or the employer may terminate an employment relationship at any time and for any reason—any legal reason, that is.
Of course, as with nearly all legal principles, there are limits to the at-will principle. For example, if an employment relationship is established and protected by contract, such as a collective bargaining agreement in a unionized workplace, this agreement limits the parties’ rights to terminate employment. Additionally, note that termination can be for any legal reason. Numerous state and federal laws supersede and limit an employer’s otherwise absolute right to terminate employment—for example, when the reason for termination is based on a protected class, status, or activity.
Finally, note that public employers and employers in the state of Montana generally do not have the at-will principle at hand, so these employers may have to follow specified discharge procedures.
In addition to the laws governing why termination may occur, employers may also be required to abide by specific practices regarding how termination can occur. Employees may be entitled to receive notice, continuation of health benefits, and timely payout of earned compensation.
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152141index.aspxQuestions & Answers Am I allowed to Terminate and employee's employment for Violating company policy if the infraction is their 1st offense, if the policy reads zero tolerence?  National
152153index.aspxQuestions & Answers 2 questions: 1) what if my employee doesnt want to sign that she recieved a written warning and 2) what if she is "very angry"- (ie doesnt want to work on these issues, etc.)  National
152123index.aspxQuestions & Answers A background check of an IT programmer revealed that he was arrested for theft by deception. Is this ground for his termination?  National
152099index.aspxQuestions & Answers A former employee who quit without notice and not on good terms has requested a letter be sent to him stating the reasons why he is no longer employed with us. Do I have any legal obligation to respond to him?  National
152133index.aspxQuestions & Answers A terminated employee asked to have his computer access reinstated. We can make arrangements to have someone sit with him while he does this, and disable his access again immediately afterward. Is this advisable?  National
152135index.aspxQuestions & Answers An employee phoned the CEO while drinking on duty. Our employee handbooks says use/consumption of alcohol while on duty is grounds for termination. We are generally, an at-will employer. Can we terminate safely?  National
152103index.aspxQuestions & Answers An employee was terminated immediately after we found out that she had a criminal record. But she was hired from her resume so she never had opportunity to "fill out" an application with a question on criminal charges. Are we liable for her situation  National
152085index.aspxQuestions & Answers Are we obligated to accept a two week resignation? Can the employee be terminated that same day that put in their two weeks?  National
152102index.aspxQuestions & Answers Can an employee be terminated due to policy violation while on leave?  National
152156index.aspxQuestions & Answers Can we add to our attendance policy a "no call, no show" stipulation that states that if an employee does not call their supervisor, and fails to show up for a scheduled shift, it will be considered a voluntary resignation?  National
152147index.aspxQuestions & Answers Can you discipline or even terminate an employee who's spouse/family members are constantly calling them at work which prevents the person answering the phone from doing their job?  National
153087tools.aspxChecklists Checklist for Termination II  National
152152index.aspxQuestions & Answers Could you clarify what is the law in DC for issuing final paychecks for hours worked and vacation payout for terminated employees?  National
152136index.aspxQuestions & Answers Do you have examples of a job abandonment letter?  National
159148tools.aspxPolicies Employment at Will  National
152107index.aspxQuestions & Answers How would you suggest handling poor performance from an employee that has made you aware of a lot of personal problems going on outside of work?  National
152095index.aspxQuestions & Answers I had to terminate an employee. The final incident was when she circulated an envelope asking for donations to help repair the roof of the office building and signed it "Management." How should I denote for state unemployment purposes?  National
152089index.aspxQuestions & Answers I have an employee that has been diagnosed with Psychotic Disorder NOS. His co-workers are afraid of him and on top of it he was found kicking a container becuse it fell on the floor. What are my options here?  National
152111index.aspxQuestions & Answers I have an employee that has been put in jail. What are the laws on holding his job for him? Our company is located in Wisconsin.  National
152080index.aspxQuestions & Answers I have an employee who decided that as soon as she helped train a person to fill her spot she would leave the company. This is not written, only verbal. But she is now on disability and wants to file for unemployment without quitting.  National
152126index.aspxQuestions & Answers I need an example of a FAQ's document that can be included in a termination package. A list of questions the outgoing employee may ask regarding benefits, stocks purchased, options granted, references, etc.  National
152159index.aspxQuestions & Answers I read that employees in Michigan can not be disciplined for disclosing their pay to other employees. Please tell me which statute or law this provides employees with this protection.  National
152087index.aspxQuestions & Answers If a salaried, exempt employee gives two-week notice of resignation, is the employer obligated to pay the full two weeks if the employer releases the employee before two weeks? This is in the District of Columbia.  National
152094index.aspxQuestions & Answers If an employee gives a month's notice for resignation, and you, the employer, want the employee to leave sooner, are you required to pay out that month's notice? Is there a maximum or minimum for this?  National
152124index.aspxQuestions & Answers If an employee gives two weeks notice is the employer required to pay for two weeks if the employee is dismissed immediately? We are in kansas.  National
152119index.aspxQuestions & Answers If an employee is hired and after one week does not meet expectations, is there any ground that should be covered prior to dismissing the person? How can we be sure we are covered legally?  National
152086index.aspxQuestions & Answers If an employee resigns with a two week notice and we decide to terminated after notice. Are we obligated to pay the full two weeks to the employee if he is willing to work?  National
155550index.aspxQuestions & Answers If an employee submits her two week notice, are we required to pay that two weeks if we decide to let the employee go immediately? We are located in Nevada.  National
152134index.aspxQuestions & Answers If an employee submits his/her two week notice can the employer end the employment that very same day. And will the employer have to pay the two weeks.  National
152118index.aspxQuestions & Answers If an employer does not approve an employee's request to take vacation based on business necessity and the employee decides to take the vacation time anyway, can the employer terminate the employee upon return to work?  National
152148index.aspxQuestions & Answers If an exempt employee's sick time taken exceeds his sick time accrued and he is then terminated, can we apply his unused, accrued vacation toward the sick time he took before it was accrued?  National
152138index.aspxQuestions & Answers If an exempt employee, who has never received disciplinary action, has no problems what-so-ever, and is a member of upper management is downsized or terminated, what are the repercussions the company can face? We are in Arkansas.  National
152122index.aspxQuestions & Answers If our company adopts a "no fault" attendance policy, can we terminate (successfully) employees who have "legitmate medical notes"? We are in Arizona.  National
152079index.aspxQuestions & Answers If we are looking to terminate an employee for poor work performance, but she is pregnant, over 40 and a minority, what risks are we taking?  National
152091index.aspxQuestions & Answers If we hire an employee to work part-time only on certain days, like Monday and Friday. Then due to changes in the business the employers needs dictate that we need the employee here on Tuesdays and Thursdays. Can we change the employee's work days?  National
152158index.aspxQuestions & Answers In the state of Washington, is a employer required by law to pay out accured vacation time when an employee is terminated, laid off or resigns?  National
152125index.aspxQuestions & Answers Is a small employer exempt from handling terminations in a professional manner? This is in Massachusetts  National
155961index.aspxQuestions & Answers Is an employee that voluntarily resigns entitled to compensation during the notice period given even if the employer decides not to allow the employee to work out the notice period?  National
152154index.aspxQuestions & Answers Is Georgia an " employment-at-will state"?  National
152113index.aspxQuestions & Answers Is it legal to fire a person who is suing our company?  National
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