Define: Termination

In most cases, yes. Employment in the United States is generally considered “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause.

No, there are certain exceptions to the at-will employment doctrine. Employers cannot terminate employees based on discriminatory factors such as race, gender, religion, or disability. Additionally, termination cannot be retaliatory for an employee exercising their legal rights, such as reporting workplace violations or participating in union activities.

Yes, if an employee believes they were terminated in violation of their legal rights, they can file a wrongful termination lawsuit. However, they must be able to provide evidence to support their claim.

Generally, employers cannot terminate an employee solely because they are on medical leave. This would be considered retaliation and a violation of the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). However, if the termination is unrelated to the medical leave, it may be permissible.

Yes, employers have the right to terminate employees for poor performance. However, it is advisable for employers to provide clear expectations, performance evaluations, and opportunities for improvement before resorting to termination.

In most cases, yes. Unless there is a specific employment contract or union agreement that prohibits mandatory overtime, employers can generally require employees to work overtime or terminate them for refusing to do so.

It depends on the content of the posts. If an employee’s social media posts violate company policies, disclose confidential information, or contain discriminatory or defamatory statements, an employer may have grounds for termination. However, employers must be cautious not to infringe on an employee’s protected rights to engage in lawful activities outside of work.

No, it is illegal for an employer to terminate an employee in retaliation for filing a workers’ compensation claim. Such termination would be a violation of state laws protecting injured workers.

No, terminating an employee solely because of pregnancy is considered discrimination and a violation of the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act. Pregnant employees are entitled to the same employment rights and protections as any other employee.

In most cases, yes. Unless there is an employment contract or company policy that guarantees notice or severance pay, employers are generally not legally required to provide either. However, some states have laws that require employers to provide a certain amount of notice or severance pay in specific circumstances.