Recently my father is involved in a wrongful discharge case. His former employee is bringing him to court over wrongful discharge. Apparently my father ask him to resign because his work performance is not up to par but he refused so my father have no choice but to fire him.
My question is ,does firing the employee because of lack of performance constitute wrongful discharge or does the former employee has a really thin case?
I am worry for my father as i read from the net that the majority of plaintiff win the wrongful dismissal cases. Thanks in advance.
2007-09-17 00:45:42 · 2 answers · asked by low_chun_hui 1 in Politics & Government ➔ Law & Ethics
The only legitimate wrongful dismissal is if it is discrimination. An employer can fire an employee and does not even need a reason. Poor performance is the best reason to fire an employee.
Unfortunately, anyone can file suit for just about anything. It's like trying to win a lottery.
2007-09-17 00:53:17 · answer #1 · answered by regerugged 7 · 0⤊ 0⤋
Wrongful discharge can only occur with the existence of a contractural agreement (whether intrinsci or extrinsic) between employer and employee or for a protected status (such as race or sex).
This can take several forms such as a union agreement, employment contract or an implied contract. The latter is an interpretation of the court based on such things as the exact wording of the employee handbook, whether such are allowed as evidence of a contract and if so, how the language therein is interpretated.
From ONLY the facts presented in your post, there is no way to determine if there is a case or not and if so, how strong it would be.
2007-09-17 00:53:02 · answer #2 · answered by hexeliebe 6 · 0⤊ 1⤋