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In some situations an at-will employee may be able to claim wrongful termination. Three leading grounds for claiming wrongful termination are: Implied contract: In some situations a court might find an implied contract of employment that restricts the employer's ability to terminate an employee without cause. For example, the terms of an ...
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]
For example, administrative, i.e. non-disciplinary, suspensions might not amount to a constructive dismissal if imposed in good faith and justified by legitimate business reasons (i.e. lack of work). As well, a small reduction in salary, in tough times, and administered rationally, might not be a constructive dismissal.
The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. [3] Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an ...
2 For the avoidance of doubt, this letter constitutes the “clear[] and definitive[] demand[] that [you] cease and abate” your unlawful conduct pursuant to Cal. Civ. Code § 1708.7 and any ...
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 ...