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An employee may be terminated without prejudice, meaning the fired employee may be rehired for the same job in the future. This is usually true in the case of layoff. Conversely, a person can be terminated with prejudice, meaning an employer will not rehire the former employee for the same job in the future. This can be for many reasons ...
Simply stated, at-will employment means that an employee may be terminated “at the will” of the employer. You should know, however, that while an involuntary termination is no one’s idea of ...
The redundancy compensation payment for employees depends on the length of time an employee has worked for an employer which excludes unpaid leave. If an employer can't afford the redundancy payment they are supposed to give their employee, once making them redundant, or they find their employee another job that is suitable for the employee.
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 ...
Dutch law provides that a "transition allowance" (transitievergoeding) is due to the employee within one month of the end of employment if the employment was terminated by the employer and not the employee, including if the employer chose to not renew a temporary work contract, save if the termination was due to a grave fault by the employee or ...
[3] If a pretermination hearing is "oral or written notice of the charges against [the employee], an explanation of the employer's evidence [against the employee], and an opportunity [for the employee] to present their side of the story." [4] In West v. Grand County, [5] the U.S. Court of Appeals for the 10th Circuit quoted Loudermill, stating:
When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. [1] A person terminated for just cause is generally not entitled to notice severance, nor unemployment benefits depending on local laws.
Employer is not following the company's own termination procedures: In some cases, an employee handbook, company policy, or collective bargaining agreement outlines the procedure that must be followed before an employee is terminated. If the employer fires an employee without following required procedure, the employee may have a claim for ...