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Employees entitled to notice under the WARN Act include managers and supervisors, hourly wage, and salaried workers. The WARN Act requires that notice also be given to employees' representatives (e.g., a labor union), the local chief elected official (e.g. the mayor), and the state dislocated worker unit. The advance notice is intended to give ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice. If no cause exists yet the employer dismisses without providing lawful notice, then the dismissal is a wrongful dismissal.
According to Cleveland Bd. of Educ. v. Loudermill, the process that is due a public employee includes a pre-termination hearing that provides "oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story." The Loudermill letter fulfills the requirement of ...
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
A Melbourne police officer resigned this week, after receiving a "notice of termination" in which he had the option to appeal the firing that was recommended in a recent internal investigation.
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