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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.
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.
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.
Some workers were sued after gathering evidence of perceived wrongdoing in the workplace, what some attorneys call "self-help discovery" — despite whistleblower protections in the law.
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]
The original case decided by the MSPB involved seven employees and four different United States Government employers. [3] All seven employees were terminated by their respective employers for "job-related misconduct under 5 U.S.C. 7513". [2] [4] All seven employees appealed to the MSPB on the grounds that the punishment was too severe. [5]