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What should I do if my employer says I have to sign this or be fired?
Employers generally have the legal right to set the terms of employment, including requiring employees to sign new contracts or agreements.
However, there are exceptions where this may be considered wrongful termination.
If an employee is asked to sign a new contract that contains discriminatory terms or violates labor laws, they may be able to refuse to sign without being legally fired.
Employees in this situation should carefully review any new contract or agreement and consider consulting an employment lawyer if they have concerns about the terms.
Employees may be able to negotiate the terms of a new contract with their employer rather than simply accepting or rejecting it.
Employers are typically not required by law to provide severance pay when terminating an employee, though some may choose to do so at their own discretion.
In the 2004 Ontario Court of Appeal decision on Hobbs v TDI Canada Ltd, the court ruled that a new contract may not be enforceable if the only consideration is the employee keeping their existing job.
The legal concept of "at-will" employment in the US means employers can generally fire employees without a specific reason, with some exceptions for discrimination or retaliation.
Researchers estimate that around 150,000 US workers are wrongfully terminated each year and may have grounds for legal action.
Employers should be careful to ensure termination reasons are consistent throughout the process, from the initial meeting to any documents submitted for unemployment.
During a termination meeting, employers should avoid apologizing or providing unnecessary additional information to the employee.
In some cases, an employee's resignation may actually be considered a wrongful termination by the employer, even if they didn't explicitly state the employee was fired.
Signing a severance agreement typically means the employee waives their right to sue the employer, though there are exceptions where this may not be enforceable.
Workplace discrimination, retaliation for whistleblowing, and violations of employment contracts are common grounds for wrongful termination claims.
Employers should ensure they have documented valid reasons for termination and follow a consistent process to avoid potential wrongful discharge lawsuits.
Employees facing termination should carefully review any documents provided by the employer and consider consulting an attorney before signing anything.
The legal concept of "constructive discharge" can apply when an employer makes an employee's working conditions so intolerable that they feel forced to resign.
Some states have laws that provide employees more protections against wrongful termination than the default "at-will" employment standard.
Employers should receive training on proper termination procedures to minimize legal risks and ensure fair treatment of employees.
Documented performance issues and following progressive discipline policies can help employers defend against wrongful termination claims.
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