Employment Law – 3 Common defenses to Employment Termination

A terminated employee, by definition, has given notice of termination. Notice of termination must be in writing and must be given to the person or entity for which the employee is employed. In other words, if you are the employer, and you have decided that you want to fire an employee, it is not illegal for you to do so.


use legal documents to support your claim

However, it is not always so cut and dry. If your employer has failed to follow any of the employment laws that exist in your state, you can bring a case against them, on your own behalf, and use legal documents to support your claim. You will need to provide your employer with an affidavit describing the circumstances under which you have been terminated, as well as a copy of the notice itself. Your employer may attempt to challenge this with various defenses, but if you have provided proper notice and a proper explanation as to the circumstances under which you were terminated, they are legally required to consider your claim.


Keep all records relating to the date and time of your last visit to the office

The first defense that many employers will attempt to employ is that they had no notice of termination. If you can prove that your employer did not give you a notice of termination, you need to document this fact. Keep all records relating to the date and time of your last visit to the office, your last phone conversation with your supervisor, or any other communication with your employer. If your employer can show that you did not have any notice of termination, they will probably need a very good reason to defend their position.


they had no actual notice of the employee’s termination

Another common defense that many employers will pursue is that they had no actual notice of the employee’s termination. If you can show that you were never given the proper notice to terminate your employment, or that you have been terminated without just cause, this is another very strong legal argument that you can use in court. If your employer can make this argument, it may be enough to keep you from being terminated on the merits, and may also be enough to prevent you from being compensated for your wrongful termination.


Hiring an attorney

A final common defense is that they had a bona fide hardship or a genuine financial situation and that the termination was not taken arbitrarily. Your employer is allowed to cite numerous reasons for terminating your employment, but if you can show that these reasons are based on fact rather than an abstract perception of your performance or conduct, this can help you win your case. This can be a difficult legal argument to pursue on your own, and so it is strongly recommended that you retain the services of a skilled employment attorney who can deal with this for you. Hiring such an attorney will mean that your termination is based on a legitimate factual basis, rather than on an interpretation of a vague, generalized policy.


investigate every possible claim

As you can see, there is a wide range of defenses that may be raised in defense of an employer’s termination policies. While these defenses may seem convincing at face value, you must still investigate every possible claim. If you find that a claim is of merit, you must determine whether it will hold up in court. A strong claim should provide proof beyond any reasonable doubt, or else it may fail when presented in court. Many legal professionals can guide you through this process, and if you have a genuine issue of employment discrimination, you should not hesitate to seek their advice.

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