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In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, [1] as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status).
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually ...
The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. [3] Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an ...
It can, however, prevent the filing of a lawsuit against the company for wrongful termination, discrimination, sexual harassment, etc. Severance packages are often negotiable, and employees can hire a lawyer to review the package (typically for a fee), and potentially negotiate.
Unfair dismissal became part of French labour law in 1973, but certain other protections had been previously instituted as far back as 1892. [41]The Labour Code (French: Code du travail) [42] governs the procedure under which dismissal (French: licenciement) [a] may occur, as well as specifying the grounds under which it is valid or not.