Employment Termination Appeal Rights  

Recession has certainly resulted in dwindling profits and downsizing.

In such circumstances, organizations may end up working relationship with an employee any time without any valid reasons. The employee may be temporarily or permanently laid off or fired, or asked to resign with little without prior notice. It is the responsibility of employees to be aware of various options available.

Most private sector companies follow the “employment at will” doctrine. If the termination is unjust, then the employee has the right to appeal against such actions. 

If an employee is given a termination slip, he or she should not panic. The employee should go through the rules and regulations in the handbook carefully. The handbook may have information on conditions on the reasons for termination. If the handbook has any information about prior notice before termination, then the employee should call this to the attention of the employer. This may result in reinstatement of the employee and due procedure may be followed after that.

There are laws enacted by every state that govern employment relationship. But, every state prohibits unlawful termination based on national origin, age, sex, religion or disability.

Following are the types of unlawful termination and the steps to appeal such terminations:

  • If a woman employee is terminated on the basis of pregnancy, she has the right to question the employer about such unlawful termination. She has the right to complain this kind of unlawful termination with the EEOC (Equal Employment Opportunity Commission).
  • If the employee has been fired because he or she refused to do any such unlawful activity directed by the law and followed the law of the state then the employee has a strong case of unlawful termination.

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