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Constructive dismissal. In employment law, constructive dismissal, also called disguised dismissal, [1] constructive discharge or constructive termination, occurs when an employee resigns due to the employer creating a hostile work environment. This often serves as a tactic to avoid payment of statutory severance pay and benefits.
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 ...
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.
A payment in lieu of a required notice period. Assistance in searching for new work, such as access to employment services or help in producing a résumé. [1] Packages are most typically offered for employees who are laid off or retire. Severance pay was instituted to help protect the newly unemployed.
A "Loudermill" hearing is part of the "due process" requirement that must be provided to a public employee prior to removing or impacting the employment property right (e.g. imposing severe discipline). The purpose of a "Loudermill hearing" is to provide an employee an opportunity to present their side of the story before the employer makes a ...
The Texas Commission on Human Rights Act (TCHRA) is codified in chapter 21 of the Texas Labor Code although it is commonly still referred to as the TCHRA. The TCHRA/chapter 21 of the Texas Labor Code empowers the TWC similar to the federal Equal Employment Opportunities Commission (EEOC) with analogous responsibilities at the state level.
Just cause is a common standard in employment law, as a form of job security. When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. [1] A person terminated for just cause is generally not entitled to notice severance, nor unemployment benefits depending on local laws.
art 2, establishes the scope and says short fixed term, probationary or casual workers may be excluded; art 3, defines termination as at the initiative of the employer; art 4, says the employer must have a valid reason for termination based on "the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service"