You are here: Article list / Termination of Employment USA || Written on November 08, 2016
U.S. employers, have greater liberty than the other European countries when it comes to termination of employment. The fundamental policy in the private sector for U.S. companies is "employment at will". It means that the employee can be dismissed by an employer for any reason and without cautionary warning, as long as the termination does not violate any legal obligations or voluntary pre-determined commitments. While the individual employment contracts work under certain guidelines, the majority of employees still find it safe to work under the "at-will" employment. The employment contracts of high skilled employers and high class executive encompasses a "just cause termination" clause, which is totally negotiable on case to case basis. U.S. courts have concluded that the implied contracts pose a limitation on the employer’s ability to abide by the termination of employment clause.
Termination of employment clause states that an employer cannot terminate an employee on the basis of discrimination that is caste, sex, color, religion etc. Any form of harassment is also unwelcome.
Employees have the privilege to file a charge with Equal Employment Opportunity Commission (EEOC), if they are being harassed or discriminated. A complaint can be filed within one eighty days from the time of event.
Upon termination of employment, some workers and their families who have otherwise have lost their health benefits have the right to continue using the health benefits by their group health plan for a specified period of time. Employers may be required to provide certain notices to their employees- COBRA and HIPPA.
Employees, who have been terminated without their faults, are liable to receive employment benefits. Unemployment insurance benefits are required to provide temporary financial help to the employees who are unemployed employees who meet the requirements of state law.
If the reason of termination of employment is not on the basis of discrimination or harassment, or it was because a complaint was filed against them under one of the laws proposed by Department of Labor, then the termination is only subjected to the contract between the employer and the employee.