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For example, those forms of discrimination are prohibited by the California’s Fair Employment and Housing Act (FEHA). [5] Many laws also prohibit termination, even of at-will employees. For example, whistleblower laws may protect an employee who reports a legal or safety violation by the employer to an appropriate oversight agency. Most ...
First, the court reiterated the state's public policy exception to the employment at will doctrine : ordinarily, an employer may discharge an at-will employee " 'for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of wrongdoing"; however, a suit for wrongful discharge is available "when the discharge is ...
Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] 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 ...
Just cause usually refers to a violation of a company policy or rule. In some cases, an employee may commit an act that is not specifically addressed within the employers' policies but one of which the employer believes warrants discipline or discharge. In such instances, the employer must be confident that they can defend their decision.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, [1] as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status).
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 ...
Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977) An employer may discharge an employee who observes a seventh-day sabbath, and that such employee is not entitled to equal employment opportunity protection under Title VII of the Civil Rights Act of 1964, which makes it an unlawful employment practice for an employer to discriminate ...
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 ...