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In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
Most US states have adopted the at-will employment contract that allows the employer to dismiss employees without having to provide a justified reason for firing, although the variety of court cases that have come out of "at-will" dismissals have made such at-will contracts ambiguous. [6] Often, an at-will termination is handled as a "layoff".
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually ...
Just cause is a common standard in employment law, as a form of job security. When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. [1] A person terminated for just cause is generally not entitled to notice severance, nor unemployment benefits depending on local laws. [2]
First, where a party to a contract exercises an express right of termination, he or she is sometimes said to have exercised a right to rescind the contract. Secondly, where a party is faced with a repudiation, the party can elect to terminate the contract; this too has often been referred to as an election to rescind. "Rescission" at common law.
There is no federal law against unjust discharge, and most states also have no law with full protection against wrongful termination of employment. [10] Collective agreements made by labor unions and some individual contracts require that people are only discharged for a "just cause".
Unlike the men in the cast, the Beauties worked on weekly contracts — meaning they never knew if they had a job the following week until they received a call from a producer hiring them back.
The court suggested that Smyth was alleging that there should be an exception to Pennsylvania's rule denying a wrongful discharge cause of action for at-will employees (based on estoppel) since Pillsbury had told Smyth and the other employees that their emails would not be intercepted and used as a basis for punishment and they had relied on ...