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Termination (with Discharge) (including Retaliation)
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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107373news.aspxTermination (with Discharge)News Netflix’s ‘Keeper Test’ Shows How to Be Proactive with Terminations 04/23/2021
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101178training.aspxTermination (with Discharge)Quizzes Termination and Unemployment Compensation (Quiz) 09/13/2016
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78923training.aspxTermination (with Discharge)Audio Presentations Terminating Employees--The Process (Audio) 03/25/2015
14953training.aspxTermination (with Discharge)Speaker's Notes Terminating Employees--The Process - Script View 03/25/2015
96533surveys.aspxTermination (with Discharge)Surveys 2015 Termination and Exit Interviews Survey--Data 01/16/2015
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95837training.aspxTermination (with Discharge)Handouts Termination Best Practices (Handout) 08/19/2014
95838training.aspxTermination (with Discharge)Quizzes Termination Best Practices (Quiz) 08/19/2014
95836training.aspxTermination (with Discharge)Training Talks Termination Best Practices (Training Talk) 08/19/2014
94084timesavers.aspxTermination (with Discharge)Letters Termination Letter (Misconduct) 08/23/2013
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87530timesavers.aspxTermination (with Discharge)Forms Form for Responding to Employee’s Request for Reason for Discharge 05/11/2011
81237timesavers.aspxTermination (with Discharge)Policies Whistleblowing 11/18/2009
14952training.aspxTermination (with Discharge)Quizzes Terminating Employees--The Process 09/25/2008
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