The power of termination is a privilege that remains with a person even after transferring ownership of something, such as a house or land, to someone else. If the new owner violates any agreed-upon rules or conditions, the original owner has the authority to reclaim ownership. This is also referred to as the right of entry or right of reentry, serving as a contingency plan in case of any mishaps.
The power of termination is a legal concept that refers to a grantor’s future interest in a property after conveying a fee simple subject to a condition subsequent. This means that the grantee’s ownership of the property will only end if the grantor exercises their right to take it back, typically due to a violation of the condition. For instance, if a landlord grants a tenant a lease for a property but includes a condition that the tenant cannot sublet the property, the landlord retains the power of termination. If the tenant sublets the property, the landlord can exercise their right to reclaim the property and terminate the lease. This power is also known as the right of entry, right of reentry, right of entry for breach of condition, or right of entry for condition broken. It should not be confused with the possibility of reverter, which is a future interest that automatically returns to the grantor if a condition is violated. Overall, the power of termination grants the grantor greater control over the property and enables them to enforce specific conditions or restrictions on the grantee’s use of the property.
In most cases, yes. Employment in many jurisdictions is considered “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time, for any reason, as long as it is not discriminatory or in violation of an employment contract.
No, it is illegal for an employer to retaliate against an employee for filing a complaint or participating in an investigation regarding workplace discrimination, harassment, or other unlawful activities.
Yes, an employer can terminate an employee for consistently poor performance, as long as the termination is not based on discriminatory reasons or in violation of any employment contract or collective bargaining agreement.
No, it is illegal for an employer to terminate an employee for taking protected medical leave under the Family and Medical Leave Act (FMLA) or any applicable state laws that provide similar protections.
In most cases, yes. Unless there is a specific employment contract or collective bargaining agreement that prohibits termination for refusing overtime, an employer generally has the right to terminate an employee for refusing to work overtime.
No, it is illegal for an employer to terminate an employee for engaging in lawful union activities, such as organizing, joining, or participating in union activities protected by the National Labor Relations Act (NLRA).
No, it is illegal for an employer to terminate an employee for reporting illegal activities, health and safety violations, or other wrongdoing within the organisation. Whistleblower protection laws exist to safeguard employees who report such misconduct.
No, it is illegal for an employer to terminate an employee solely based on pregnancy. Pregnancy discrimination is prohibited under the Pregnancy Discrimination Act (PDA) and other applicable laws.
In most cases, yes. If an employer requires employees to sign a non-compete agreement as a condition of employment, refusing to sign may give the employer grounds for termination, unless there are specific state laws that restrict the enforceability of non-compete agreements.
It depends. If an employee’s social media posts outside of work violate company policies, disclose confidential information, or harm the employer’s reputation, the employer may have grounds for termination. However, if the posts are protected by the First Amendment or do not violate any company policies, termination may not be justified.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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