Wrongful Termination
Wrongful Termination
Kenneth L. Mowery
BUS670: Legal Environment
Prof. Alexis Hooley
August 20, 2012
Wrongful Termination “Over the past 20 to 25 years courts have been carving out common law exceptions to employment at will” (Mallor, Barnes, Bowers, & Langvardt, 2010, p. 1338). One of those exceptions is that of wrongful termination or unjust dismissal. In the past three years there have been five wrongful termination suits brought against Haywood Regional Medical Center. Three cases ended positively for the plaintiffs, while the other two showed that the Medical Center had the stronger case and that the Medical Center had just cause to terminate the employee. . “The remedies in successful wrongful discharge suits depend heavily on whether the plaintiff’s claim sounds in contract or in tort, with tort remedies being more advantageous for plaintiffs” (Mallor et al., 2010, p. 1338). If the plaintiff can prove his or her case against the employer for wrongful discharge or termination, the employee can recover damages from the employer. The burden of proof lies with the plaintiff to prove wrongful termination and remedies can be costly for the employer. The employer can avoid the liability of a wrongful termination suit by keeping up with the policies and procedures and performance evaluations of its employees.
Employment at Will Let us look at different exceptions to the common-law doctrine of employment-at-will. “The rule says that either party can terminate an employment contract of indefinite duration. The termination can occur at any time; and can be for good cause or no cause” (Mallor et al., 2010, p. 1338). However, according to Hames and his evaluation of the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the National Labor Relations Act, and the Occupational Safety and Health Act, there must be no formal employment contract for a specified period of time and there can be no statutory prohibitions to
Kenneth L. Mowery
BUS670: Legal Environment
Prof. Alexis Hooley
August 20, 2012
Wrongful Termination “Over the past 20 to 25 years courts have been carving out common law exceptions to employment at will” (Mallor, Barnes, Bowers, & Langvardt, 2010, p. 1338). One of those exceptions is that of wrongful termination or unjust dismissal. In the past three years there have been five wrongful termination suits brought against Haywood Regional Medical Center. Three cases ended positively for the plaintiffs, while the other two showed that the Medical Center had the stronger case and that the Medical Center had just cause to terminate the employee. . “The remedies in successful wrongful discharge suits depend heavily on whether the plaintiff’s claim sounds in contract or in tort, with tort remedies being more advantageous for plaintiffs” (Mallor et al., 2010, p. 1338). If the plaintiff can prove his or her case against the employer for wrongful discharge or termination, the employee can recover damages from the employer. The burden of proof lies with the plaintiff to prove wrongful termination and remedies can be costly for the employer. The employer can avoid the liability of a wrongful termination suit by keeping up with the policies and procedures and performance evaluations of its employees.
Employment at Will Let us look at different exceptions to the common-law doctrine of employment-at-will. “The rule says that either party can terminate an employment contract of indefinite duration. The termination can occur at any time; and can be for good cause or no cause” (Mallor et al., 2010, p. 1338). However, according to Hames and his evaluation of the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the National Labor Relations Act, and the Occupational Safety and Health Act, there must be no formal employment contract for a specified period of time and there can be no statutory prohibitions to
References: Pham, A. (1997, Mar. 19). State faults youville in overdose death of patient news of probe comes as ex-nurse who alleged serious patient safety issues files wrongful termination suit against Tomlinson, E. C., & Bockanic, W. N. (2009). Avoiding liability for wrongful termination: “ready, aim,