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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 term stems from Loudermill v.Cleveland Board of Education, in which the United States Supreme Court held that non-probationary civil servants had a property right to continued employment and such employment could not be denied to employees unless they were given an opportunity to hear and respond to the charges against them prior to being deprived of continued employment.
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 .
A letter provided to The Fayetteville Observer states the reason for former Hope Mills Police Maj. Bradley Rountree's termination.
Employer is not following the company's own termination procedures: In some cases, an employee handbook, company policy, or collective bargaining agreement outlines the procedure that must be followed before an employee is terminated. If the employer fires an employee without following required procedure, the employee may have a claim for ...
In addition, failure on the part of an employer to provide employment standards (e.g. overtime pay, vacation pay, etc.), can result in a constructive dismissal. Nevertheless, for an employee to have a successful case for constructive dismissal, the employer's breach must be fundamental.