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Facts - Books - News    U.S. Facts Of Law:

Hiring & Firing


Generally, a prospective employee is evaluated for employment through the use of the job interview in hopes of being hired. 

In the U.S. employers are forbidden to discriminate against job applicants on the basis of gender, race, age or sexual orientation.  Employment laws make such discrimination an illegal practice in the hiring of employees.  The asking of questions of a prospective employee directly about these areas constitutes an illegal hiring practice.


In the U.S. employees are typically hired under an "at-will" contract.  This allows either the employee or the employer to terminate the employment or fire the employee at any time for any reason whatsoever.  In recent years employers have seen their rights to terminate employment without cause attacked by the courts.

Employers are finding that firing an employee can be an expensive and risky procedure requiring extensive documentation in the event that the employee challenges the dismissal.  Fired employees can be more easily convinced to provide competitors with trade secrets or to expose illegal practices going on at the company.  Also, the former employer is required to finance any unemployment benefits that may be awarded to the fired or laid off worker.

The most severe form of employee termination is "firing" the employee.  A less sever form of termination occurs when a company is forced to downsize or experiences a slowing of the business and an employee is "laid off" with a possible expectation that the employee could be re-hired when business picks up again.  Lay offs of large numbers of employees occurs in the U.S. with regularity as companies re-size and otherwise struggle to compete.

Other Types of Termination:

Forced Resignations

To avoid some of the repercussions of firing an employee, an employee about to be fired may be asked to submit his or her resignation.  This method of firing is often used when dealing with a high-profile employee such as a manager, executive, officer or other highly positioned employee.  By allowing the employee to offer a resignation the company reduces the risk involved with an outright firing and may avoid the appearance of a ruthless or hostile employer.  The benefits to the employee to resign rather than be fired includes the saving of face for the employee and the better prospects to obtain another job by not having to admit to being fired to new prospective employer.

Changing Conditions

Sometimes an employer may wish an employee to quit but doesn't want to resort to a firing or a forced resignation.  In these cases the employer may lower the employees responsibilities or working conditions in hopes that the employee will leave voluntarily.  The employee could be transferred to an undesirable geographical area, assigned menial tasks, given fewer working hours, demoted or asked to work an undesirable shift.  The employee might also be subjected to unfair punishment for things that are overlooked with other employees.  Many employees subjected to such conditions will find other work where opportunities appear more promising and management doesn't seem to "have it out" for the employee.


An employee may be terminated as a result of the down sizing of a companies work force. Such terminations are known as layoffs or furloughs.  Companies are constantly evaluating their need for more or fewer employees in light of production demands and instead of hiring more employees may decide it has too many employees for current conditions.  While many companies will try to transfer or find other jobs for employees scheduled for layoff this is not always possible and the laying off of employees may be the only solution to a company's down sizing.  In some cases, the employee may regain his or her job when conditions permit the company to add more employees.

Hiring and firing can be a slippery slope for employers with the many pitfalls being avoided.



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Hiring & Firing News
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Trump Signs Bill Making It Easier To Fire Bad VA Employees CBS News
CBS News Trump signs bill making it easier to fire bad VA employees CBS News The Department of Veterans Affairs Accountability and Whistleblower Whistleblower Protection Act gives VA Secretary David Shulkin more authority to fire misbehaving or underperforming employees, shorten the appeals process for that firing, and Trump Signs Bill Meant to Restore Trust in VANew York Times Shulkin: New VA law essential for reformPolitico all 155 news articles raquo

Oran Town Board Fired Officer Before Hiring Him As Police Chief City Official...
Southeast Missourian Oran town board fired officer before hiring him as police chief city officials say they can39t remember reason for Southeast Missourian Minutes of the meeting did not list how each alderman voted, a violation of Missouri39s open meeting law that states final hiring and firing votes must be taken by roll call vote and include a record of how each member voted. Those minutes also do not

Uber Wonapost Name And Shame The Alleged Harassers It Fired, But It Doesnapos...
Los Angeles Times Uber won39t name and shame the alleged harassers it fired, but it doesn39t have to Los Angeles Times Twenty Uber employees and executives are now out of a job. In a normal week, this would be a boon for Silicon Valley hiring managers, whose job is to fill positions in an industry that has more openings than qualified candidates. But here39s the rub Reflecting on one very, very strange year at Uber Susan J. FowlerSusan J. Fowler Uber fires 20 staff in sexual harrassment probe with dozens more cases still being investigatedThe Independent all 77 news articles raquo

The Australian Industries That Have Been Hiring And Firing Over The Past 12 M...
Business Insider Australia The Australian industries that have been hiring and firing over the past 12 months Business Insider Australia However, while in absolute terms employment growth is revving up, the acceleration masks a widely divergent performance across individual sectors in Australia. Some industries are hiring aggressively while others are firing. Nothing demonstrates that

Sauk County Board Committee To Consider Review Of Hiring, Firing Practices W...
WiscNews Sauk County Board committee to consider review of hiring, firing practices WiscNews A committee may decide next month whether Sauk County government should undertake a review of its hiring and firing practices. But members of the Sauk County Board39s Personnel Committee seem reluctant to seek an outside perspective on the matter.

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Facts of Law concerning employee hiring and firing practices

Facts of Law - Employee Hiring and Firing