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Overview What is termination? Legal termination case > Illegal termination case LAYOFF NOTICE Comparative ethical arguments YOU ARE HEREBY NOTIFIED THAT FOUR SERVICES WILL NO LONGER > Conclusion MONDAY, PLEAC HAVE YE (RED. SEVERENCE WI "GEN OF TWO WEEK > References JUSAND DOLLAR What is Termination The term termination of employment refers to the end of an employee's work with a company (Kagan, 2021). An employee may have cause to file a lawsuit if unfair termination with the Equal Employment Opportunity Commission (EEOC), in the event of getting fired (The Hartford, n.d.). Common Termination Basis Incompetence, including lack of productivity or poor quality of work (The Hartford, n.d.) Insubordination and related issues such as dishonesty or breaking company rules (The Hartford, n.d.) Attendance issues, such as frequent absences or chronic tardiness (The Hartford, n.d.) Theft or other criminal behavior including revealing trade secrets (The Hartford, n.d.) Sexual harassment and other discriminatory behavior in the workplace (The Hartford, n.d.) A Physical violence or threats against other employees (The Hartford, n.d.) Legal Case Example in Defense of Termination Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011) Kasten was terminated for complaining about time clock placements > Saint-Gobain claims complaints were not protected by the Fair Labor Standard Act > Supreme Court initially ruled in favor of Saint-Gobain permitting the FLSA to apply to oral and written complaints The U.S. Seventh Circuit Court of Appeals and District Court ruled in favor of Saint-GobainEthical Issues - Kasten v. Saint-Gobain Fair Labor Standards Act 29 U.S.C. $ [2]15(a)(3) Prohibited acts; prima facie evidence Prohibits any person to "discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any related proceeding; employees are protected regardless of whether the complaint is made orally or in writing. Covers "any person" from retaliating against "any employee"; the protection also applies to all employees of an employer even in those instances in which the employee's work and the employer are not covered by the FLSA and situations where there is no current employment relationship between the parties; for example, retaliation by a former employer. > Saint-Gobain retaliatorily increased the frequency and severity of disciplinary actions against him Saint-Gobain violated Kevin Kasten's rights by terminating him for filing multiple oral complaints Kevin Kasten employment should have been protected against retaliation from employers Legal Case Example Opposing Termination Owens v. City of Greenville, 290 Ga. 557, 722 S.E.2d 755, 2012 Ga. (2020) > Newly elected Mayor Bray terminated City employees as one of his first acts, without votes by the City Council, and general objection of the majority of City Council members City employees filed for wrongful termination and concomitant damage There was unclear evidence to support when employees were terminated before or after their term expiration Employees claim their due process rights were violated Ethical Issues- Owens et al. v. City of Greenville et al. . Wrongful Termination Prohibits Political discrimination in the workplace. Title VII of the Civil Rights Act of 1964 (Owens v. City of Greenville, 2012) . Jurisdiction in a purely political question Supreme Court jurisdictionComparative Argument Ethical Termination Unethical Termination Kasten's complaints were not protected under the Fair Labor Standards Kasten's termination was retaliatory because oral complaints were made. (2) Act's (FLSA) anti-retaliation provision because they were made orally to his supervisors, and not in writing to a government agency. (1) The employer violated provisions set by Fair Labor Standards Act $ 215(a)(4) Kasten's termination was not retaliatory, but was instead based on legitimate business reasons, such as poor performance and The Due Process Clause of the Fifth and Fourteenth Amendments requires that employees be given notice and a hearing before being deprived of their insubordination. (1, 2) property interest in their job. This means that businesses must follow certain procedures when terminating employees, such as providing a reason The First Amendment's protection of free speech and freedom of for termination and an opportunity to respond. (3) association can be used to argue that businesses have the right to choose whom they associate with and employ. (3) Bray did not present the hiring of the replacement employees to the Council and receive a vote on the decision. Though required by bylaws the Mayor The Contract Clause of the Constitution prohibits states from passing should bring an action to the Council the points but codify decisions with a laws that impair the obligation of contracts. This means that businesses Council vote. (1) have the right to enforce employment contracts and agreements with their employees, including termination provisions. (3) Bray did not present the hiring of the replacement employees to the Council and receive a vote on the decision. Though required by bylaws the Mayor should bring an action to the Council the points but codify decisions with a Council vote. (1) Conclusion In the Owens and Kasten case, termination was not retaliatory, but In the Owens case, the termination was without cause was instead based on legitimate business reasons, referencing and based on political office and operation of authority poor performance and insubordination. that was not adjudicated with due process. Officials must abide by state and local laws of employment and Both Guz v. Bechtel National Inc. (2000) and the U.S. Const. ethical accountability includes due process and ensures Amends. I, V, XIV protect an employer's legitimate employees retain their employee rights. (2) business reasons for terminating an employee. (1,3) The Due Process Clause of the Fifth and Fourteenth Amendments requires that employees be given notice and a hearing before being deprived of their property interest in their job. This means that businesses must follow certain procedures when terminating employees, such as providing a reason for termination and an opportunity to respond. (3) References Fair Labor Standards Act $ 15(a)(3) https:/www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation#:-:text=Section%2015(2)(3,is%20about)%20to%%20testify%%20in Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment. Cengage Learning Guz v. Bechtel National Inc., 24 Cal.4th 317 (2000) Kagan, J. (2021 February 20). What Does Termination of Employment Mean? What Does Termination of Employment Mean? Investopedia. https:/www.investopedia.com/terms/t/termination-employment.asp Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011) Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. I Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1. 1, 131 S. Ct. 1325. 1327, 179 L. Ed. 2d 379, 379, 2011 U.S. LEXIS 2417, *1, 79 U.S.L.W. 4179, 161 Lab. Cas. (CCH) P35,886, 17 Wage & Hour Cas. 2d (BNA) 577, 22 Fla. L. Weekly Fed. S 874 (U.S. March 22, 2011) Keebaugh, R. &. (2011, October). Unanimous Victory at Georgia Supreme Court For Wrongfully Terminated City Employees. Retrieved from decaturlegal.com: https:/decat -employees/ Owens v. City of Greenville, 290 Ga. 557, 722 S.E.2d 755, 2012 Ga. LEXIS 191, 2012 Fulton County D. Rep. 565, 2012 WL 602888 (Supreme Court of Georgia February 27, 2012, Decided). https:/ad tentItem:552B-PHR1-DYIP-$05V-00000-00& context=1516831 Owens v. City of Greenville. (2012, February 27). Retrieved from Casemine.com: https:/www.casemine.com/judgement/us/59 14e63cadd760493490c7a9 Owens et al. v. city of Greenville, et al. (2012, February 27). Retrieved from JUSTIA US Law: https:/law.justia.com/cases/georgia/supreme-court/2012/s 1 1a1645.html