What are the relevant statutory and case law limits to my right to terminate an employee?
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The relevant statutory and case law limits to an employer’s right to terminate an employee depend on the jurisdiction, as employment laws vary from state to state. Generally speaking, however, employers in all states are subject to both federal and state laws that protect employees from wrongful termination.
At the federal level, Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring and firing on the basis of race, color, sex (including pregnancy), religion or national origin; The Age Discrimination in Employment Act of 1967 protects workers over 40 years old against age-based discrimination; The Americans with Disabilities Act of 1990 prohibits workplace discrimination against individuals with disabilities; The Genetic Information Non-Discrimination Act protects individuals against genetic information based discrimination; And other acts such as Title IX and Section 1981 also offer additional protections for various groups.
Similarly at a State level, many states have enacted their own anti-discrimination laws which provide additional protection for employees. Additionally some States may grant extra rights not provided by Federal Law such as providing greater job security for public sector workers or allowing certain types of strikes without fear of reprisal or discharge.
In addition to these statutory restrictions on terminating an employee there are several important court decisions which have created common law principles which further restrict employers’ ability to terminate an employee without cause or notice (for example, implied contracts can sometimes be found if enough evidence exists suggesting that employees were led to believe they had job security). It is therefore important for employers when considering terminating a particular employee – regardless whether it is with good cause or no cause -to perform adequate due diligence so as ensure compliance with all legally mandated requirements pertaining thereto. Failure do so could result in costly legal proceedings being brought against them should any damages occur upon termination/dismissal/resignation etc…
Finally it is worth noting that while most terminations will fall within the above framework - meaning they must comply with applicable statutes / precedents - there may be exceptions depending on individual circumstances involving specific agreements made between employer and employee (e.g., collective bargaining agreement) which could limit their right even further than what is otherwise prescribed by current legislation/precedent. Therefore it is recommended you seek professional legal advice prior making any decision regarding potential terminations as this advice will help you identify any potentially unique limitations or considerations beforehand so you can act accordingly thereby avoiding potential future liability issues resulting from said action(s).
