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Termination of Employment Questions

Termination of employment is the point where an employee ceases to work for an employer. There are two types of termination of employment. Voluntary termination and involuntary termination.

Voluntary termination of employment is when an employee leaves a company by resigning or quitting. Generally, the reasons for voluntary termination of employment include another job offer, the employee is moving, a contract has ended and the employee doesn't wish to renew, going back to school, or just ready for a change in his/her career.

Involuntary termination of employment happens when an employee is released from a company. The term is usually called being fired due to the removal of employment regardless of whether the employee wishes to stay or not. There are also various reasons for involuntary termination of employment. These reasons are usually, poor job performance, insubordination, poor behavior, and attendance. Usually the reason for termination is guided by company policy. To learn more about termination of employment, take a look at the questions below that have been answered by Experts.

I received a termination of employment letter that offers a Severance and I would like to understand my rights before I sign this since I have filed for unemployment. The employer claims that my job performance was unsatisfactory in the termination letter.

To begin with, if you sign anything that states you were terminated for unsatisfactory job performance, and that you agree with this, you probably won't be receiving unemployment benefits. Unsatisfactory job performance is a legitimate reason for termination.

It appears that your company is going to attempt to contest any unemployment claim since they have mentioned the unsatisfactory job performance in the termination letter. If you sign the letter of termination now, you can't go back at a later date and claim the letter was wrong and that your job performance was acceptable.

When you read the letter of termination, look for phrases saying that you will waive any claims against the company if you sign it. This is important if there are possibly any claims that you may have and whether you wish to waive your rights to the claims.

In Texas, can an employer legally terminate an employee because he/she has been arrested

Like most states, Texas is an "at will" employment state. This means, without a contract or a union contract that states otherwise, the employee works "at the will" of their employer. An employer can fire the employee at any time for any reason as long as the employer doesn't do so based on an unlawful reason (age, race, sex, religion, or because the employee refused to do something unlawful for the employer).

There are no laws that prohibit an employer from terminating an employee who has been arrested. The arrest could potentially reflect on the company. Also, the employer is within their rights to terminate if they wish to.

At termination of employment what is the law regarding payment of earned income to that date in Florida? I have not received compensation for hours worked and it has been 1 week since termination.

Florida state law doesn't offer much in regards to when an employee must receive their last check. Most states are very direct in providing when an employee is to receive their last paycheck. However, Florida doesn't have a clear timeline except that the person should be paid at the minimum of monthly. The common law approach would be to pay the employee on the following pay day. Regardless of when you receive your last pay check, you are by law, due those wages minus the government deductions. You may want to contact the State of Florida Agency for Workforce initiative. Someone in this agency will be able to point you in the right direction and assist you on what steps must be taken to receive your wages.

Termination of employment can affect a person's livelihood not to mention their work history when applying for another job. Usually, termination of employment occurs when the employee ends the employment or the employer ends the employment. However, there are some situations that involve unlawful termination of employment. If you find yourself in a position that requires you to sign a document or you are unsure of what to do, you should ask an Expert before doing anything.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Termination of Employment Questions

  • When I started working for this company, I was told I would

    When I started working for this company, I was told I would not have a medical card. They were going to put 2250 in an a account with my name on it for every year of service, plus interest. As noted in employee hand book. Now they want to give me 5000 and walk away from. What happened to the money in the account? They said it is gone.
  • my daughter was given a notice of termination of employment.

    my daughter was given a notice of termination of employment. she is on probation and works for broward community college school board as a safety officer. she was not given a reason for termination . what rights does she have under florida state labor laws. and does human rights department agency were she is employed have to assist employees upon their request to investigate termination of a employee. we believe the termination was based on a report that a supervisor requested, but my daughter refused to do so. she advised the supervisor that the party in question was not the same person involved in this incident. trespassing was the nature of this report. she stated to her boss that she didn't feel comfortable falsifying a report. and the information he had was not correct. weeks passed after the incident and she was given this letter. if the incident was so bad why wait two weeks and not be given notice at once. her supervisor did not advise her of any wrong doings, or explanation. she is a good worker and simply is trying to better her career and this guy is trying to ruin it. please advised . thank you concerned dad. she has a meeting tomorrow with human resource any advise /
  • IM starting a new job, in employment agreement says that employment

    IM starting a new job, in employment agreement says that employment may be terminated without cause and that "Upon termination of employment, Employee shall be deemed to have resigned from the position he/she held.".

    I understand the without cause since in California employment is at will, but is "deemed resigned" legal if employment is terminated by employer? Sounds like I am giving up my rights to unemployment insurance...
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