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3

Keep in mind how that mechanism works. This question coming up isn't a longshot: it will definitely come up when the employee applies for unemployment benefits. The employer pays a fraction of unemployment benefits, so they have a stake. A termination for cause leaves the employee ineligible for unemployment benefits. The employee will file claiming they ...


1

I agree with the other upvoted answers but would just like to add a bit of perspective. I've worked for several companies located in at-will states, and even though they have the right to terminate someone without providing a reason, in practice they have all tried very hard to document real performance shortcomings. This is because they are very aware that ...


0

It's just a fact of life that in practice there is often not enough evidence to "get justice." (Let alone the time and money.) I mean all forms of legal dispute, not just illegal termination. The point of the court system is not to get to the truth. It exists because when the truth is clear, we ought to take action. Ultimately, a lot of the time, ...


2

then why don't I make up some dumb whatever reason to fire the employee and thereby get away with discrimination? Because you have to convince a jury that the dumb reason you made up is more likely to be true than false. If this was a real obstacle, then almost all criminal convictions would be impossible. In almost all criminal cases, the prosecution has ...


37

There is a rather elaborate three step analysis that is done in civil rights cases under U.S. precedents. Circumstantial evidence, as opposed to direct evidence of discrimination (which is less frequently available to plaintiffs), is analyzed under a three-part test created by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). STEP ...


5

The reason to not make up a dumb cause for firing a person is that they will argue that you are discriminating on the basis of e.g. religion, and then the two sides will present their evidence. It is highly likely that if you have a hatred of the person's religion, you will have provided them with some kind of supporting evidence in the form of your behavior ...


-2

why don't I make up some dumb whatever reason to fire the employee and thereby get away with discrimination? Some employers actually try that, but that is illegal nonetheless. They resort to some pretext for the purpose of dissimulating their illegal motive, whether it is unlawful discrimination, retaliation, or against public policy. In that case, the ...


13

Indeed, in the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all. The quickest answer would be that in cases where the employer has fired someone without due cause and they are indeed under no written contract, and their state does not protect them against such actions - and it ...


4

Not all jurisdictions allow you to fire without a valid reason. But even places that do, there is a lower standard of proof in civil cases. Lawsuits only require the judge or jury believe it is more likely than not that the firing was for a bad reason (unlike a criminal trial where the standard is “beyond a reasonable doubt”). If you hire a male employee who ...


1

Yes, you should be paid for May & June By terminating you early, the university has chosen to reduce your notice period and must pay you out for the period you were contractually required to work. How much you should be paid depends on how you are normally paid. For example: if you were a salaried employee paid the same amount every week/fortnight/month;...


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