Termination of Employment

Termination of employment is defined as the endpoint of an employee's duration and career under a particular group of employer or management whereby the decision to “terminate” or end the business relation may be mutual or not.

Normally, voluntary termination or resignation is decided “autonomously” by a particular employee when leaving his and her job and some of the associated reasons include job dissatisfaction, personal problems which “withhold” the job performance optima, impending new jobs, and retirement. Such type of termination is also termed as commonly termed as resignation.

Involuntary termination, on the other hand, is not a choice made by the employee but rather by his/her employer. Involuntary termination is legal in most circumstances, especially when the employing company has adopted the “at-will-employment tactic” wherein the company can fire employees “without reasons”. An employee can only challenged or file for wrongful termination suit against his/her employer when the terms of his/her employment does not involved “at-will-employment” contract and he/she did not conduct any wrongful acts that fall under the premise of gross misconduct or zero tolerance offenses.

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Additionally, wrongful employment, can only be challenged if the employee did not conduct negligence or committed acts against the company’s codes and if the termination has no attached reasons. Also, discriminatory and/or retaliatory termination are grounds for feasible lawsuits.

A terminated employee has no recourse for lawsuits if he/she committed acts against the company ethics (most especially gross misconducts) and lawful codes. Additionally, termination involving lay-offs — re-structuring of a particular company as per economic crisis — would pose as zero fighting chance for an employee’s termination.

Reference

Rubin, R.  (1991). Human Resource Management.  London: Neal-Schuman Pub.