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Wrongful termination basics

On Behalf of | May 25, 2021 | Wrongful Termination

Just like Indianapolis employers have to follow a certain procedure when interviewing or hiring someone, they have to fulfill certain obligations when terminating someone. If an employee is fired for illegal reasons or in a manner that breaches their employment contract, the terminated employee may have a claim for wrongful termination.

In America, employment is generally at will, which means employees are free to resign and employers are free to dismiss employers, even without providing notice. However, termination should follow a set process in order to be considered legal.

How should termination work?

There are established procedures that need to be followed when firing someone. Usually, managers or supervisors need to document any problems they are facing with their employee. They will most likely also have to create a performance plan and give employees a warning before terminating them. Usually, one warning is not enough- warnings can range from verbal to written and eventually, a final one.

A warning letter should be clear about the problematic behavior or attitude that is causing the problems in question. The letter should include goals for improvement and a time frame in which it should be achieved. Consequences for not meeting those goals should also be included.

Wrongful termination

If a termination either breaks the contract or contract law, it is considered wrongful termination. This could include termination over religious beliefs, retaliation or payback, or refusing to do something illegal.

If an employee believes he or she has been dismissed wrongfully, they may want to discuss their options with an experienced employment lawyer and how to go about pursuing them.



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