Things to Consider When Terminate an Employee
Under the principle of "at will employment contract", all employers can dismiss an employee at any time, without notice, without justifiable reason. Employees can leave at any time without notice. The California Labor Law does not requires to give advance notice and tell employees why they are dismissed if you do not have a separate company policy for dismissing a worker. But in practice, dismissal is restricted by various laws and precedents.
The most common situation is of course the most common situation in which the company is suffering from poor sales resulting in a restructuring of the workforce, or the dismissal of employees belonging to the department due to the lack of success of the department to which some employees belong. However, if you are emotionally involved in the dismissal, you can get involved in a lawsuit. It is illegal to dismiss employees based on their personal characteristics, such as racial intolerance, color of religion, nationality, age, disability, marriage and pregnancy, to be. Such dismissal is prohibited if the background of dismissal is due to retaliation for discrimination or internal allegations.
The ineffective method prohibits discrimination against workers. Therefore, if an employee is discriminated against and is dismissed, dismissed from promotion, harassed, or excluded from salary or bonus, the employee may file a lawsuit against the company. A lawsuit against non-discrimination is often filed against a Korean company that has entered the US. Particularly, lawsuits related to discrimination are often filed against corporations established in the United States because of their favorable treatment of expatriates from Korean headquarters, compared to local recruiters. It should be noted here that in the event that such discrimination is recognized as malicious, punitive damages other than ordinary damages, ie, three times the maximum general damages, may be charged. To prevent such litigation, there should be no discrimination in the process of hiring, firing, promoting, and disciplining. In particular, if a manager or a supervisor over a supervisor or lower than a supervisor does not discriminate against his / her subordinates, the employer discriminates against the employer, and because the employer does not take precautionary measures such as education,
If the above-mentioned discriminatory dismissal or damage is done at work, An Equal Employment Opportunity Commission ("EEOC") will be able to file an administrative claim against an employer.
As a way to prevent such legal risks, employers are required to establish a company policy for termination of employment and to dismiss workers accordingly. For example, if you are dismissed due to unauthorized absenteeism, whether you gave a previously documented warning in line with your company policy, whether you will be notified and dismissed in advance according to company policy, and whether the dismissal is too severe for your employee's fault It is necessary to proceed with dismissal according to the procedure.
In addition, employees should also check whether they complained to the employer about promoting safety issues in the workplace. This is because, despite the fact that the complaint is filed, it is possible to file a claim that even if the employee is dismissed, he has been fired because of his complaint.
The most common situation is of course the most common situation in which the company is suffering from poor sales resulting in a restructuring of the workforce, or the dismissal of employees belonging to the department due to the lack of success of the department to which some employees belong. However, if you are emotionally involved in the dismissal, you can get involved in a lawsuit. It is illegal to dismiss employees based on their personal characteristics, such as racial intolerance, color of religion, nationality, age, disability, marriage and pregnancy, to be. Such dismissal is prohibited if the background of dismissal is due to retaliation for discrimination or internal allegations.
The ineffective method prohibits discrimination against workers. Therefore, if an employee is discriminated against and is dismissed, dismissed from promotion, harassed, or excluded from salary or bonus, the employee may file a lawsuit against the company. A lawsuit against non-discrimination is often filed against a Korean company that has entered the US. Particularly, lawsuits related to discrimination are often filed against corporations established in the United States because of their favorable treatment of expatriates from Korean headquarters, compared to local recruiters. It should be noted here that in the event that such discrimination is recognized as malicious, punitive damages other than ordinary damages, ie, three times the maximum general damages, may be charged. To prevent such litigation, there should be no discrimination in the process of hiring, firing, promoting, and disciplining. In particular, if a manager or a supervisor over a supervisor or lower than a supervisor does not discriminate against his / her subordinates, the employer discriminates against the employer, and because the employer does not take precautionary measures such as education,
If the above-mentioned discriminatory dismissal or damage is done at work, An Equal Employment Opportunity Commission ("EEOC") will be able to file an administrative claim against an employer.
As a way to prevent such legal risks, employers are required to establish a company policy for termination of employment and to dismiss workers accordingly. For example, if you are dismissed due to unauthorized absenteeism, whether you gave a previously documented warning in line with your company policy, whether you will be notified and dismissed in advance according to company policy, and whether the dismissal is too severe for your employee's fault It is necessary to proceed with dismissal according to the procedure.
In addition, employees should also check whether they complained to the employer about promoting safety issues in the workplace. This is because, despite the fact that the complaint is filed, it is possible to file a claim that even if the employee is dismissed, he has been fired because of his complaint.
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