Employee Dismissal Law & Legal Definition
Most employers have the right to dismiss an employee for just cause, such as theft from the business, selling trade secrets, and not fulfilling job duties. An employee-at-will is one who does not have an employment contract governing the terms of dismissal, and therefore is much less protected in their rights to maintain employment. An oral contract of employment offering the expectation of continued employment may prevent a finding of employee-at-will status. Employee-at-will issues vary according to state law.
Upon termination, an employee may have rights to back pay, vacation pay, retirement, unemployment compensation, and other benefits. Some of the issues involved in post-employment litigation include illegal discrimation, violation of non-competition agreements, and wrongful disclosure of trade secrets.
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