Wrongful Discharge

What legal measures may an employer take to minimize employee claims and other employment-related liabilities, such as wrongful discharge? Consider, for example, whether an employer could require a job applicant to agree to the following:

 Never sue for wrongful discharge

 Agree that any employment disputes are only resolved by arbitration

 Never file a worker's compensation claim

Wrongful discharge also known as wrongful dismissal or wrongful termination is a situation where an employee's contract for employment is ended by his or her boss under circumstances in which that termination has breached the terms of the employment contract. Terminating an employee for discrimination, retaliation, refusal to commit illegal acts, or the company not following its own termination guidelines (2011).

A way to steer away from wrongful discharge is to establish a probationary period (2011). A probationary period is a one year mark that if the hired person doesn't perform to expectations of the company they can be automatically terminated. The dismissed person can still start a claim for wrongful termination, although proof should be very difficult to attain. This is due to the company having broad prudence for maintaining this temporary individual.

Employers must also be familiar with all employment and labor laws as there are federal and state regulations which control employment. A majority of employers violate employment and labor laws because they are not aware of these. Being unaware leaves these businesses vulnerable to any lawsuit.

A corporation's employment policy should be developed to include polices on employee termination. Any company should also input records of performance and illegal actions and provide any recommendations of termination. Employees should also be counseled periodically. Also, all employees should be treated with respect. (Nixnik, 2000) When terminating an employee make sure to tell them alone and fairly. Your company should also make reports to the HR department especially if you are deciding to terminate an employee.

In conclusion, an employer has a right to file for wrongful discharge if they please. The employer as stated before must let the employee know the corporations rules for termination. For arbitration it varies for each state. This is a cheap and quick method to solve a dispute in court. Arbitrators will declare if a wrongful discharge occurred. If an individual is not happy with the end result, they can't go back and try again (2011). Filing a compensation claim is strictly up to the employee. If you are injured it is always good to file to cover yourself. Injuries while performing on the job duties will allow you a better chance at getting compensated. Lastly, it is essential to comprehend