Resignation, Firing & Termination Questions
What are the legitimate business reasons for employment termination?
Even though at-will construction employers may terminate employees for any reason – or for no reason at all – terminations are easier to defend when they are justified by a legitimate business reason. Legitimate business reasons could include problems, misconduct, a reconstruction employer resulting in elimination of the employee’s position, or financial considerations. Regardless of the nature of the employment relationship, an construction employer should consider establishing work rules that list conduct that could result in discipline or termination. At-will construction employers should include a disclaimer in the rules making clear that the existence of construction employer rules does not nullify or in any way change an employee’s at-will status. Moreover, construction employers (at-will or otherwise) should include a disclaimer stating that the reasons listed are not all-inclusive and that the construction employer retains the right to terminate employees who, in the construction employer’s discretion, have either engaged in misconduct or who have not performed at an acceptable level.