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


Hiring & Firing

Hiring

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.

Firing

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.

Layoffs

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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Is Being A White Supremacist Grounds For Firing The Atlantic
The Atlantic Is Being a White Supremacist Grounds for Firing The Atlantic But he does believe that employers have a responsibility when it comes to selecting, hiring, and educating employees. Greason says that while firing someone for associating with a white supremacist group may provide a quick fix, those folks are then Cook Resigns From Job At Berkeley Hot Dog Stand After Charlottesville ProtestCBS San Francisco Bay Area Berkeley restaurant takes stand on CharlottesvilleKGO TV Berkeley hot dog worker resigns after being spotted at Virginia rallyEast Bay Times Twitter Berkeleyside all 83 news articles raquo

Google Has Fired The Employee Who Penned A Controversial Memo On Women And Te...
Recode Google has fired the employee who penned a controversial memo on women and tech Recode Pichai39s wording appears to indicate that the employee is likely be fired, which some inside and outside the company have been calling for. A Google spokesperson said the company would not confirm any firing of an individual employee, but in the past Why it may be illegal for Google to punish that engineer over his now viral anti diversity memoCNBC Google Fires Author of Divisive Memo on Gender DifferencesBloomberg Google Was Right to Fire the Memo WriterSlate Magazine HuffPost ThinkProgress USA TODAY Gizmodo all 773 news articles raquo

Googleaposs Firing Of Memo Writer Strikes Nerve In Silicon Valley Reuters
Reuters Google39s firing of memo writer strikes nerve in Silicon Valley Reuters SAN FRANCISCO Reuters A Silicon Valley culture war pitting liberal leaning tech firms against a small conservative cohort took on new intensity on Tuesday after Google fired a male engineer for a memo that decried the company39s commitment to hiring Contentious Memo Strikes Nerve Inside Google and OutNew York Times The Google memo is poorly argued and reaches the wrong conclusionBusiness Insider Google flap: How to have an opinion and still keep your jobUSA TODAY The Daily Caller Vox Insurance Journal Gizmodo all 822 news articles raquo

What Firing An Employee Teaches You About Your Companyaposs Culture HuffPost
HuffPost What Firing An Employee Teaches You About Your Company39s Culture HuffPost While I normally trust my gut, I didn39t want my gut alone out to get in the way of our hiring a potentially extraordinary candidate. Rather than nix her on the basis of my concerns about her cultural fit, I asked two members of our team to interview

Google Engineeraposs Firing Fuels Debate Among Employees Fox Business
New York Times Google Engineer39s Firing Fuels Debate Among Employees Fox Business Others say it is difficult to openly discuss diversity issues at the company because of a liberal bias among managers and colleagues at Google, a unit of Alphabet Inc. And one employee said his managers39 reaction to Mr. Damore39s firing quothas made it Google Cancels Employee Meeting Because of Harassment FearsNew York Times Google Fires Employee For Expressing an Opinion Shocked When Employees Don39t Feel Safe Speaking UpInc.com Why Google was wrong: Did James Damore really deserve to be fired for what he wroteNew York Daily News National Review CBC.ca Variety Gizmodo all 667 news articles raquo

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Facts of Law concerning employee hiring and firing practices

Facts of Law - Employee Hiring and Firing