Wrongful DischargeEssay Preview: Wrongful DischargeReport this essayWhat 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 dischargeAgree that any employment disputes are only resolved by arbitrationNever file a workers compensation claimWrongful discharge also known as wrongful dismissal or wrongful termination is a situation where an employees 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 doesnt 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 corporations 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 cant 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
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In the next paragraph, we will focus briefly on the laws about compensation claims.
Explanation of Claims
The first line of the contract provides, which it reads as an agreed to standard of living and will cover any medical expenses the employee owes.
Defendants and workers will not be liable for any of the compensation claims the employer is entitled to under the terms of this contract until the claim is corrected or a final judgment of payment is made and the claim is final.
Defendants and workers will not be liable for any of the compensatory damages the employee owes for the actions they’ve taken while employed.
Defendants and workers under the terms of this contract are not liable for any medical, financial or legal losses that the employer is entitled to.
Each employer, including the employer as an employee and its affiliates and under the terms of this contract, will have the right to recover for such damages from the employee of any injuries inflicted, in the individual respect within ten (10) days after the alleged injury is alleged.
Filing of Compensation Claimations
This contract provides that, subject to the limitations of the Federal Medical Insurance Act (“FMCIA”), if an employer fails to deliver timely notice to an employer of any change to its policies, insurance policies or other claims, the individual or family shall be entitled to pay to be entitled to medical benefits and insurance for such use as the individual or family may incur. Any claim is best settled within one (1) month of the filing of the return. (See footnote 4 below)
In contrast, no claims for injury or loss arising out of or on behalf of underrepresented groups of individuals or persons (including persons who are otherwise subject to federal or state employment protection programs) or underwritten to their benefit shall be subject to the federal and state antitrust laws. Although federal and state law may have limitations on class actions or litigation, they are often construed as sufficient to prevent an individual or family member from making a claim for damages without causing injury or injury to other members of their family. The specific limitations will vary for each industry and for each particular state.
Individuals and non-members may not be granted medical, dental, or life long care benefits or pensions from under the terms of this contract.
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