How the Law Deals about Different Types of Termination
By: Mesriani Law Group | Posted: 21st August 2008
Termination of employment is the end of the employee's duration with the employers. This may be caused by the decision of the employer, of the employee or a mutual decision by both the employer and the employee.
Termination can be voluntary or involuntary.
Voluntary Termination
Voluntary termination refers to the decision of the employee to leave the job. This is commonly known as resignation, quitting, leaving or giving notice. Some of the common reasons of termination are the following:
• Dissatisfaction with the job, employer, hours of work and working condition
• Factors in employee's personal life not related to the job but affect the employees performance
• Hire at a new job with better working conditions and higher salary
• Anticipated involuntary termination
• Retirement - This may be due to employee's age, sickness or other disability.
Depending on the case, voluntary termination may be sudden and abrupt without warning to the employer or with certain amount of notice given.
Generally, employers prefer that the departing employee will give a notice at least two weeks before he or she leave. This will give a good impression on the employer and will give her a chance to be rehired by the same employer in the future.
Involuntary Termination
Involuntary termination refers to the employee's departure at the hand of the employer. There are two basic types of involuntary termination termed as being "fired" and "laid off".
Being fired is always considered as the employees fault. This case often hinders the employee's chance of seeking future jobs.
There are many reasons why an employer fired an employee, but the common reasons are:
• Failure to meet the standard performance
• Chronic absence, tardiness and other work related problem
• Unprofessional mannerism or inappropriate conduct
• Constant or gross insubordination
• Damage caused to the employer through negligence
• Repeated minor violations of works rule by he employee
• Any other inappropriate acts of the employee
Termination by Mutual Agreement
Some termination is the result of mutual agreement of the employer and the employee. Actually, in most cases it is the desire of the employer to terminate the service of the employee but in order to soften the situation the employer offer mutual termination. However, there are cases where the termination date is agreed before the employee starts.
The following are some of the instances were pre-termination agreement occurs:
• End of the employment contract after the specified period
• Mandatory retirement
• Forced resignation
Wrongful Termination
Wrongful termination refers to the unfair employment discharge. However, not all unfair termination cases results to wrongful termination.
Generally, in the U.S there is no specific termination law per se. There are only different kinds of Federal Laws, which if violated by the employer would result to wrongful termination.
It also constitutes wrongful termination if the employee's termination is in violation of a constitutional provision or public policy. The same goes if the employer violated legal principles and concepts of employment.
Statute of Limitation
Statute of limitation is a period in which the individual is required to file a claim.
In termination cases, the law gives an individual a maximum of three years from the occurrence of the incidents. It is necessary that you can file within the period to prevent your right from being barred.
If you feel that you have been illegally terminated from your work or experienced any Labor Law violation, consult our vigorous termination law attorneys. Just log on to our website and make use of our live chat services available during office hours.
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Tags: failure, duration, retirement, personal life, salary, disability, new job, negligence, dissatisfaction, working conditions, mannerism, resignation, tardiness