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Oracle Tips by Burleson |
Employment offers must be
carefully reviewed.
Many employers believe they are operating in
an at-will relationship with an employee when in fact they have
altered it to become one of just-cause by an implied contract. For
this reason and because of the fraudulent misuse of legal
protections by IT employees, employers, for their own protection,
are obligated to be knowledgeable of these relationships when firing
IT professionals.
FAST FACT:
51 percent of surveyed employees believe
that most employers engage in some kind of discriminating practices.
- Samborn, R (1990) “Many Americans Find
Bias at Work.” National Law Journal, July 16, 1990, p1.
Factors That Can Change an At-Will
Agreement
There are several exceptions to the rules
that can change an employment relationship with an IT employee such
that they are no longer considered at-will employees. This leaves
the employer more vulnerable to statutory claims for wrongful
termination.
Wrongful termination is a situation in which
the employer fires an employee without just-cause in an employment
relationship that is not at-will, or the firing was conducted in an
unlawful manner. There was a case in which an employee of a water
treatment company sued the employer for national origin
discrimination. The plaintiff won the case and was awarded $265,000
of which $150,000 was in damages. In addition, the plaintiff
received attorney fees and interest in the amount of $232,711.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
