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  Oracle Tips by Burleson

Employment offers must be carefully reviewed.

Many employers believe they are operating in an at-will relationship with an employee when in fact they have altered it to become one of just-cause by an implied contract. For this reason and because of the fraudulent misuse of legal protections by IT employees, employers, for their own protection, are obligated to be knowledgeable of these relationships when firing IT professionals. 

FAST FACT:

51 percent of surveyed employees believe that most employers engage in some kind of discriminating practices.

- Samborn, R (1990) “Many Americans Find Bias at Work.” National Law Journal, July 16, 1990, p1.

Factors That Can Change an At-Will Agreement

There are several exceptions to the rules that can change an employment relationship with an IT employee such that they are no longer considered at-will employees.  This leaves the employer more vulnerable to statutory claims for wrongful termination.

Wrongful termination is a situation in which the employer fires an employee without just-cause in an employment relationship that is not at-will, or the firing was conducted in an unlawful manner. There was a case in which an employee of a water treatment company sued the employer for national origin discrimination. The plaintiff won the case and was awarded $265,000 of which $150,000 was in damages. In addition, the plaintiff received attorney fees and interest in the amount of $232,711.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm

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