Wrongful termination is a legal breach that occurs when an employer discharges an employee from the employment for any other reasons that are not legal (Guerin & DelPo, 2011). Termination of an employee is said to be wrongful if it defies the legal provisions of employment policies. These may include termination in violation of the discrimination laws, termination as a form of sexual harassment, firing that violates oral and written employment contracts, or in revenge against an employee who had filed a claim against his/her employer.
Duties and Right of the Parties in an Employment Contract.
Employment contract outlines the rights and duties of both the employer and the employee. It also explicitly expresses the procedures for discharging an employee. Employers and employees have rights and duties. Employers have the right to expect employees to deliver the required services which are mutually agreed on within the timelines agreed (Mathis, 2011). The employees are also expected to perform their duties under the authorization of the employer and to remain loyal and obedient to all the instructions that are issued by the employer which are generally reasonable and lawful. Moreover, the employer has a right to expect the employees to comply with the policies of the company.
The employer has a duty to provide clear instructions to employees and through facilitation enable the employees to perform their duties accordingly (Guerin & DelPo, 2011). This implies that the employer should provide training opportunities to build the productive skills of the employees and provide accessories needed for the performance of the employees. The employer should also ensure the wages and dues of the employees are paid on time and to create conducive and safe working environment for all the employees and offer insurance coverage against any risks associated with dangers (Repa, 2010).
The rights of the employee include protection against discrimination and harassment of any form, safe workplace environment and freedom from retaliation in the event that an employee files a complaint against the employer. Under the employment contract, an employee is also entitled to fair wages for the work done (David, 2012). The terms of contract covers periodical leaves with pay and prior notice for a legal termination of the contract. Maternity leaves are a right for women employees. Employees are entitled to joining collective bargaining bodies with fellow employees. However, employees also have a duty to deliver their services as required in the employment contract, remaining loyal and obedient to the company policies, protecting the office accessories, and reporting all the risks and hazards noticed at the workplace.
Equal Employment Opportunity Commission (EEOC) and Wrongful Termination.
The EEOC is the agency that is mandated to enforce laws against employment-related discrimination. David (2012) cited that employees who are discriminated on the basis of gender, race, disability or religion report the cases to the agency. These include complaints lodged against wrongful termination. The agency protects employees’ rights against wrongful termination and advocates for the institution of laws and policies against discrimination in all the organizations and companies with regular employees.
Employment at-will is an employment relationship where both the employee and employer can either compromise the relationship without being held liable (David, 2012). This principle applies on condition that there lacks an explicit contract that defines the employment relationship between the employer and employee. In order to control the cases of wrongful termination, there are policies that should be adopted by all employers. The companies should keep a record of all disciplinary cases and action taken on the third case. Further, before the termination of employees, all cases should be reviewed and expedited by an Attorney. Employers’ equal opportunity policy must be applied before the proceedings of any policies in order to avoid wrongful termination.
In conclusion, wrongful termination remains one of the controversial human resource policies and issues. Of great controversy however is the decision by employers to reluctantly adopt the employment contract. Instead, most employees prefer employment at-will contracts. Wrongful terminations therefore remains crowded with controversial legal tussles.