Good supervision: the best defense against wrongful discharge claims
Article Abstract:
Supervisors can greatly reduce the chances of wrongful discharge suits being brought against their firms by former employees. Courts have established several bases for wrongful discharge: dismissals which violate 'public policy', breaches of implied contracts between workers and employers that employees will only be dismissed for just cause, and failure to properly warn an employee that his or her performance is unsatisfactory. Supervisors should learn what types of statements can give rise to implied contracts. Supervisors should also insure that employees understand company rules. Supervisors should never discharge an employee without first investigating the circumstances surrounding the dismissal. Objective performance evaluations of employees should be conducted regularly and be properly documented. Employees should be given a fair hearing when grievances do arise, and any formal grievance procedures that the company has should be followed properly.
Publication Name: Management Solutions
Subject: Human resources and labor relations
ISSN: 0889-0226
Year: 1988
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Personal liability for an employment termination
Article Abstract:
A manager was sued by a fired employee on the grounds of malicious interference with the employee's "advantageous relationship and expectation of continued employment". The manager's motion for dismissal stated that he could not have interfered with the 'relationship' because the plaintiff had been an at-will employee without a written contract. The manager further argued that he was privileged to act the way he had because he was the employee's supervisor. The court ruled that under Illinois law there was no requirement that the employment contract be enforceable as a prerequisite to a claim that there had been malicious interference, so the employee could sue the manager. The manager was forced to prove that the firing was not a retaliation for notes the employee had written. The court also found that being the employee's supervisor did not give the manager the right to treat the worker maliciously.
Publication Name: Management Solutions
Subject: Human resources and labor relations
ISSN: 0889-0226
Year: 1988
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Good Samaritan
Article Abstract:
The case study of a truck driver, fired for giving a state transportation employee a ride in a company truck, is discussed. Although giving the ride to other than a company employee was against company regulations, the termination of the truck driver in this instance was ruled to be without just cause, and the driver was reinstated and awarded back pay. The ruling indicates the arbitration board's concern for safety, and its reasoning that the ride did not demonstrate the driver's intent to shirk his duties.
Publication Name: Management Solutions
Subject: Human resources and labor relations
ISSN: 0889-0226
Year: 1986
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