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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.
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 ...
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 ...
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually ...
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 ...
This case consolidated two Sixth Circuit cases in which Ohio employees, both "classified civil servants" under Ohio law and therefore could be terminated only for cause and with entitlement to post-termination administrative review, [1] were terminated without being afforded a pretermination hearing to respond to the charges:
There is no federal law against unjust discharge, and most states also have no law with full protection against wrongful termination of employment. [10] Collective agreements made by labor unions and some individual contracts require that people are only discharged for a "just cause".