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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.
Arnett v. Kennedy, 416 U.S. 134 (1974), was a United States Supreme Court case in which the Court rejected a nonprobationary federal civil service employee's claim to a full hearing prior to dismissal over charges he had brought the government into disrepute by recklessly accusing a superior of corruption.
The collateral source rule, or collateral source doctrine, is an American case law evidentiary rule that prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant.
Apr. 6—Enough evidence exists for a jury to consider the wrongful termination case of a former Hillsborough County prosecutor, who claims he was fired for refusing Manchester police demands for ...
Under the WDEA, a discharge is wrongful only if: "it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy; the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or the employer violated the express provisions of its ...
Usually, the employer has the burden of proof in discharge cases or if the employee is in the wrong. In the workplace, just cause is a burden of proof or standard that an employer must meet to justify discipline or discharge. Just cause usually refers to a violation of a company policy or rule.
Kirk Noble Bloodsworth (born October 31, 1960) is a former Maryland waterman and the first American sentenced to death to be exonerated post-conviction by DNA testing. [1] [2] He had been wrongfully convicted in 1985 of the 1984 rape and first-degree murder of a nine-year-old girl in Rosedale, Maryland. By the time an appeal based on the DNA ...
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 ...