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Questions about Grounds for Termination of Employment

There can be several grounds for termination of employment in a workplace. Unfortunately, when an employee’s situation is “at will,” an employer can terminate him or her based on almost any reason at all. If you have questions about grounds for termination, direct them to Employment Lawyers on JustAnswer for legal insights.

Listed below are a few questions they have answered regarding grounds for termination.

Can I be terminated from employment for excessive use of the Internet?

This completely depends on what your job entails and what you use the Internet for, along with the terms of your employment contract, if you have one. If your work needs a lot of research, then being online to finish work-related projects cannot be classified as excessive Internet use. A job that involves being a secretary or receptionist who needs to perform a variety of job functions online could also fall into the same category.

Yet, if an employee uses the Internet for personal reasons such as shopping, chatting with friends, catching up on homework and so on, he or she can probably be seen as not doing what they have been hired to do.

The word "excessive" is also relative. A lot of employers are at-will, so they can terminate employees based on their own reasons. Therefore, even if there is no company policy about “no personal use of the Internet,” generally, employment principles state that all office equipment, including a computer, belongs to the employer, and all emails or content of the computer cannot be kept hidden from the employer. Employees who use property of the company for their own personal use can be fired. However, every case is different.

Can my employer terminate me on the basis of a failed computer voice analysis?

If you are not part of a union or have an employee manual that has rules that allow for a review of the situation before termination, the employer can most likely fire you for almost any reason unless it is discriminatory in nature.

In Illinois and Georgia, in what ways will a wrongful termination suit filed against a European company — which reports for operational matters to a U.S. subsidiary — be successful?

Foreign companies that set up operations in the U.S. need to follow all national and state laws with regard to employment and discrimination. In the absence of an employment agreement or contract, every employee is an at-will employee and can be fired for no reason unless the cause is discriminatory in nature. The laws that pertain to discrimination would apply to the European company, and you would have to file suit against the U.S. subsidiary.

I work in New York for a private company. I was terminated because of a staff reduction, but I do have proof that the company hired two employees to replace me. Can I sue for wrongful termination without an employment agreement in place?

Most employees have “at will” work arrangements. This means that employers can let them go for whatever reason they may choose, and there’s not much that you, as an employee, can do about it. Basically, you do not have a right to continued employment. You could try and file for unemployment, since you were fired due to no fault of yours. But it may not be possible for you to file for wrongful termination, as it would be dismissed immediately.

I had an affair with a coworker’s wife, and management later found out that I had eavesdropped on a personal call of the same worker. I listened in because I was told that it was a verbal threat to my safety, yet management feels that I abused my position for personal gain. I explained that I felt unsafe in the workplace, but it fell on deaf ears. My job was terminated, and I’d like to know if I can file a wrongful termination suit?

Since most employment is “at will,” an employee can be terminated for almost any reason at all. This could even include a reason where the company believes that an employee’s conduct outside the workplace could affect the company or people’s perception of it. If you do have an employment contract that says that you can be terminated only for cause, then you might have a small fighting chance.

Having said that, if there are many reasons for termination and even one turns out to be valid, you would not have any grounds for wrongful termination. In this case, eavesdropping on a coworker’s conversation could constitute grounds for termination due to an abuse of power.

Losing your job is tough. On top of that, not understanding the grounds for termination is harder. If you’re having trouble, Employment Lawyers on JustAnswer so that you can get your questions answered both quickly and at affordable rates.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Grounds for Termination Questions

  • I was a police officer for just at 13mo. I was called into

    I was a police officer for just at 13mo. I was called into the office and told I was being let go due to low stats. The city put my termination in as a administrative separation for failure to complete my training, however the paperwork I received states it was a voluntary separation not involving misconduct. also I was under a two year contract at the time of this incident, and I have received my final check however, no payment for leave or sick leave that was gained in the year. I just need information on what to do, or where to start. Thank you
  • Since the business has been running slow, so there has no as

    Since the business has been running slow, so there has no as much as works to do for the warehouse workers. What an employer can do with this situation, giving suspension notice or laid-off?
    In addition, one of workers frequently took day offer, left earlier without prior notice, and argued with the duties assigned. The employer gave the worker a notice of the above situation for signature. But the worker refused to sign. In this situation, how the employer can approve the employee was noticed well? What the best option to deal with this type of situation?
  • The non profit that the paid employee works for accepts donations

    The non profit that the paid employee works for accepts donations of mobility equipment. This person decides if the equipment can be fixed by a for profit company who gives them discounted prices for repairs or picks up the equipment to use for discounted parts. The non profit can then provide a free, good quality but used scooter, power chair, etc. Several non profits use this service from the for profit company. The person who is making the decisions about what equipment they take for donation is now considering working for the repair company as well. She will have access to all files including invoices from other non profits that use this repair service as well as leads from her non profit that could be used strictly for the profit position. I am only using the word "could" because she may not. I don't think her non profit would be happy with her second job, but is it illeagle.
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