Question

In: Economics

An employer fired one of the employees because the employer did not like the employee's husband,...

An employer fired one of the employees because the employer did not like the employee's husband, who was a rather loud and obnoxious type. When he came to office parties, he routinely wore everyone's nerves to a frazzle. The employee does not have a contract with the employer and is not in a union. Does she have a cause of action for unjust dismissal?

Solutions

Expert Solution

If you work for an employer "at will," for any reason (other than protected communities; minorities, etc.) or for no reason whatsoever, they can fire you.
However, without a valid reason, they can not protest a claim for unemployment. No union and no contract, in most countries leaving the employer in a position to terminate jobs for any reason other than race, gender, etc. The employer doesn't even have to give the employee a reason, a simple "you're fired" with no words to follow is enough to end the job at will.

The word "wrong termination" implies an employer has fired or dismissed an employee in the eyes of the law for illegal reasons. Illegal grounds for termination include: firing in breach of federal and state anti-discrimination laws; firing as a type of sexual harassment; firing in breach of oral and written employment contracts; firing in breach of labor laws, including collective bargaining legislation; and firing in retaliation for the employee's complaint or claim against the employer.


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