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The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing.
For example, the terms of an employee manual may support an employee's claim that the employer must follow a defined disciplinary process prior to termination. Public policy : In many states it is possible to argue that the employer's reasons for terminating an employee, although not in violation of a statute, violated the state's public policy ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
While the main formal term for ending someone's employment is "dismissal", there are a number of colloquial or euphemistic expressions for the same action. "Firing" is a common colloquial term in the English language (particularly used in the U.S. and Canada), which may have originated in the 1910s at the National Cash Register Company. [2]
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
Dishonesty counts more if the job requires honesty, e.g. involves handling cash, third partys' goods, acting as security guard. For example, a shop worker who is caught shoplifting in another shop cannot be trusted. [42] Hiding a conviction might be grounds, but the problem may be that the employer cannot obtain proof of conviction.