Termination Guidelines: When Can You Discharge an Employee?

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When terminating an employee there are some termination guidelines that should be followed to insure that there are no legal repercussions for the employer.

Employment relationships are generally considered to be employment-at-will. This means that both the employer and employee are free to terminate the employment relationship at any time, without notice, and for any reason or no reason at all.

There are a number of exceptions to the general termination guidelines of employment-at-will. These come under the heading of “wrongful discharge.” The exceptions are; discrimination, not following employment contracts, failing to follow disciplinary procedures of the company, and retaliation.

The best protection against a claim of wrongful termination is a written disciplinary record demonstrating that there was a legitimate and nondiscriminatory reason supporting the decision to terminate. You need to show that clear, understandable work rules and disciplinary policies were communicated to the employee, and those personnel policies were applied consistently prior to termination.

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Protect your company from wrongful termination lawsuits by using the termination guidelines put forth at HR.BLR.com, the human resource experts. HR.BLR.com is the most complete source for practical human resources advice and plain-English compliance analysis available anywhere. No matter what the HR topic - from termination to labor law - you’ll find hands-on help you can count on.

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The HR Library has more helpful termination guidelines resources like these:

Terminations: Just the Facts, Ma'am... and Other Tips

Sample employee termination letter

Contract Termination Letters

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employee termination letter | company policy personnel procedure | contract termination letter
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