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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.
Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from trade union activities. Any termination of employment that does not give any valid and fair reason is automatically assumed unfair. [56]
In West v. Grand County, [5] the U.S. Court of Appeals for the 10th Circuit quoted Loudermill, stating: The Standards for a pre-termination hearing are not stringent because of the expectation that a more formal post-termination hearing will remedy any resulting, deficiencies. '[T]he pre-termination hearing though necessary, need not be ...
Burford v. Sun Oil Co., 319 U.S. 315 (1943) Created a new abstention doctrine, under which federal courts in a diversity jurisdiction can let state courts hear cases under certain circumstances. Reid v. Covert, 354 U.S. 1 (1957) The Constitution supersedes all treaties ratified by the Senate. Gravel v.
Jonathan Gomez-Noriega, a former aide to Jersey City Mayor Steve Fulop, is suing the gubernatorial hopeful for wrongful termination, retaliation and discrimination, after he said he was fired in ...
Canadian courts recognize there are circumstances in which the employer, although not acting explicitly to terminate an individual's employment, alters the employment relationship's terms and conditions to such a degree that an employee is entitled to regard the employer's conduct as a termination, and claim wrongful dismissal, just as if they ...
Former Phoenix Suns employee Andrea Trischan is seeking $60 million in damages in a discrimination and wrongful termination complaint against the team filed with the U.S. Equal Employment ...
The term originated in England; it was recorded in the form "doggette" in 1485, and later also as doket, dogget(t), docquett, docquet, and docket. [4] The derivation and original sense are obscure, although it has been suggested that it derives from the verb "to dock", in the sense of cutting short (e.g. the tail of a dog or horse); [4] a long document summarised has been docked, or docket ...
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