Hiring, firing and other employment decisions are not determinations that employers make lightly. These decisions have financial and legal ramifications that can deeply impact a business.
Employers have to make some difficult, and sometimes unpopular, decisions when it comes to hiring, firing, promoting and demoting employees. And for the most part, employers have the right to make these decisions without having to justify them to others.
The photo of a lone bicyclist giving the finger to the passing presidential motorcade went viral on the internet and even made the rounds of late-night television last October. The cyclist was a marketing analyst employed by the Virginia-based Akima, which is a major U.S. government contractor. The employee subsequently saw the picture online and posted it to her Facebook page. She also notified her bosses of the incident.
Texas is an at-will employment state. This means that employees can be fired for any reason, as long as it is not an unlawful reason, typically one of the statutorily enumerated reasons such as discrimination. An employee could be fired for being late, for being early, for not working enough and for working too much. An employee could be fired simply because their supervisor feels like firing them--and it would be perfectly legal.
Two former high-profile employees with the Texas Health and Human Services Commission (HHSC) are filing a wrongful termination lawsuit against the commission. The lawsuit claims that the employees faced retaliation and were wrongfully dismissed after reporting alleged legal violations that they discovered.
Terminating an employee can be a minefield for employers to navigate. Employers must be able to back up their decision in case of a lawsuit, hire a replacement and ensure that the employee will not retaliate or badmouth the company. Not to mention, many employees who are fired are good, hardworking people, and telling someone that their job is being terminated is never easy.
Being an employer is often fraught with thorny legal complexities. Not only must an employer efficiently run its business and manage its employees, it must do so while navigating a legal minefield. In our ever-litigious climate, many employers regularly face the threat of potential lawsuits from employees. To guard against frivolous lawsuits, employers should be aware of some of the main reasons that motivate employees to sue.
Most businesses in the United States operate on an "at-will employment" basis. This means it can be difficult to build cases for wrongful termination because both the employer and the employee may usually end the arrangement at any time, with little or no notice, for almost any reason. There are some reasons for termination, however, that are not protected by at-will employment laws. These include those that would violate federal anti-discrimination laws (such as termination on the basis of race or gender), those that would breach a contract between employer and employee and those that would result from retaliation after an employee lodged a complaint.
Losing a job is a traumatic and disappointing experience. If you have been fired, the sudden loss of income and benefits will change the way you live your life in the short-term, and possibly the long-term. If you have been laid off, the effects will be similar, though there may be some warning or severance. If you quit a job, it may be liberating, but there still may be some tough times ahead.
With 600 locations in 24 states, Bob Evans restaurants promotes country living and a close connection to farms. Some would say their approach hearkens back to simpler times. However, being "old-fashioned" apparently went beyond the setting they provided their customers.