In spite of the existence of employment laws concerning wrongful termination, still certain employers find their way out to violate the rights of some employees. Instead of controlling or lessening the incidences of wrongful dismissal in the country, the odds are not on the side of employees as according to available statistics cases of unlawful termination is on the rise.
Common Causes of Wrongful Termination in the United States
Undoubtedly, there are reasons why the frequency of wrongful termination cases in the country is in an uptrend state. The main cause of this scenario is due to employers' violation of particular employment-related public policies, such as:
Whistle blower retaliation Dismissal for jury duty Requiring the employee to commit illegal act Invasion of worker's privacy Defamation of character
According to employment analysts, the high number of wrongful termination cases in the United States cannot be completely and solely associated with the unlawful practices of employers. Certain experts believe that the cause of the rise of termination-related lawsuits in the country is because these days employees are already aware of their rights.
How to Avoid Wrongful Termination Charges
Employers may avoid facing legal charges for unlawful termination as long as they abide by the law. However, complying with Federal and state laws is not adequate enough to avoid wrongful dismissal complaints. There are particular steps that employers should do in order to elude wrongful termination charges, these include:
1. Properly draft an employee manual that specifically address procedures for termination. By doing this, employers and employees may not be placed in a grey area when it comes to termination process. It is recommended to consult with an attorney for wrongful termination before finalizing an employee manual.
2. Effectively communicate the details and instructions written in the employee manual to avoid confusion on the part of the employees. Furthermore, it is advisable for employers to keep their employees updated when there are changes done to the employee manual.
3. In case that an employer faces unlawful dismissal complaint, it is a must to hire an attorney for wrongful termination. It is strongly discouraged to deal with the complaint alone, it would be better to consult with a lawyer to learn the proper actions to take.
4. If facing a wrongful termination charge, the employer must be calm and patient when dealing with the complainant.
5. Seek settlement as soon as possible. It is ideal for employers facing legal charges to come up with a settlement with the affected employee.
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