Firing
Encyclopedia
Dismissal is the termination of employment
by an employer against the will of the employee. Though such a decision can be made by an employer for a variety of reasons, ranging from an economic downturn to performance-related problems on the part of the employee, being fired has a strong stigma in many cultures. To be fired, as opposed to quitting voluntarily (or being laid off
), is often perceived as being the employee's fault, and is therefore considered to be disgraceful and a sign of failure. Finding new employment may often be difficult after being fired, particularly if there is a history of being fired from previous jobs, if the reason for firing is for some serious infraction, or the employee did not hold the job very long. Job seekers will often not mention jobs that they were fired from on their resumes; accordingly, unexplained gaps in employment are often regarded as a red flag
.
(particularly used in the U.S.) for termination. It is also often known as being "sacked" (a term particularly used in countries from the old British Empire
), "canned", "axed", "given walking papers", or "boned".
contract that allows the employer to dismiss employees without having to provide a justified reason for firing, although the variety of court cases that have come out of "at-will" dismissals have made such at-will contracts ambiguous. Often, an at-will termination is handled as a "layoff". Sometimes, an employee will be dismissed if an employer can find better employees than the incumbent, even if the fired employee has not technically broken any rules. This is common with probationary employees who were recently hired, but who cannot adjust to the environment of the workplace, or those who have been around for a long time, but can be replaced with a less experienced employee who can be paid a lower salary. On the contrary, a dismissal in France is subjected to a just cause and a formal procedure.
Some firings are not so dishonorable. Some examples include conflict of interest, where the employee has done nothing wrong, but the presence of the employee on the employer's payroll may be harmful to the employer. This may be the case when a family member also becomes employed by the firm. In other cases, those who report wrongdoing in the workplace, known as whistle blowers, put their job at risk because they might be retaliated on.
There are many reasons why an employer may fire an employee. While many view firing as the employee's failure, firing in some cases can be the result of the employer seeing a lack of value in the employee, or the ease in replacing the employee, whereas there is no fault to the employee. Firing can be the result of a series of incidents, that when put into a larger picture, make the employee look negative, or the result of a single incident that is considered so severe (known as gross misconduct
), it is grounds for most serious action. In some cases, firing can be the result of a seemingly minor infraction, that following other violations, is viewed by the employer as the last straw.
Some of the more common reasons for firing include attendance problems, poor work performance, problematic conduct, or off job-site conduct. Attendance problems include frequent absenteeism
or tardiness, or even worse, the "no call, no show
" in which an employee does not come to work and fails to notify the employer. Other attendance problems involve improper taking of breaks, such as taking extended or unauthorized breaks
or not returning on a timely manner from a break, or walking off the premises or area within of the job site without approval from the supervisor. Work performance problems can lead to termination even with good attendance at a job. An employee may be fired if their work performance does not meet the employer's standards. Some of these issues may be lack of necessary skills to perform duties, incompetence
, failure to learn the required skills or processes, neglect
of maintenance or safety procedures, refusal to perform duties, laziness
, or negligence
.
Conduct problems can lead to firing if they continue over a long period. Behavioral issues may include unprofessional manners
(especially in customer service jobs), constant or gross insubordination
, inability to properly relate (i.e., get along) with co-workers, customers or both, arguing with supervisor, co-workers or customers, use of foul language
while at work, or sleeping while on duty
. With these conduct problems, the firing is frequently (but not always) part of a "progressive step" process, meaning the employee will have been warned and given an opportunity to improve before more severe measures are taken.
Gross misconduct offenses can lead to immediate firing without any further warning. Gross misconduct includes damaging work equipment through negligence
; discovery of false information on the job application
(such as resume fraud), fighting or brawling at work; harassment
of other employees, such as sexual or racial harassment; use of employer's equipment (e.g. vehicle
s and computer
s) to engage in non-work-related activity or other violations of employer policies, illegal activity, or to view pornography
; testing positive for illegal drug usage; failure to submit to a mandatory drug test
(especially for transportation or heavy equipment-related jobs such as machine operators); engaging in illegal activities on the job (such as embezzlement
or illegal subordinate harassment); or cheating the employer out of wages by "padding" a time sheet.
In some cases, an employee's off-the-job behavior could result in job loss. A common example is drunk driving, especially if the employee's principal responsibilities require driving. Often, an employee getting charged with a crime will affect the employer's ability to trust the employee. Whether off-the-job criminal charges will result in termination relates to several factors, including the nature of the offense, the nature of the job, and the values of the employer. In some types of jobs, minor convictions that are not related to the job activities may not lead to termination; a ditch digger who works with a shovel who is convicted of drunk driving may not lose their job. However, in some jobs, the perception of trust is very important, so even a non-job-related conviction, however minor, will result in termination, as in the case of banks, security firms, and schools. Another factor is the values of the employer; while some employers may believe that an employee should have a "second chance", other employers may have no tolerance for convicted individuals in their company, even if the employee has very little responsibility, as in the case of a manual labourer.
, or if serious damages are caused to the employer as a result of the employee's actions. Such ex-employees may face criminal prosecution, a civil lawsuit, or a reporting to a database
of those who have engaged in serious misconduct in such a position, so that the chances of ever obtaining a similar position with another employer are less likely. Some examples are a caregiver
who engages in abuse
, a bank teller
who has stolen money from the cash drawer, or a member of law enforcement who has committed police brutality
.
For the most serious violations, especially when the employer's security may be at risk from the employee in question, a guard or officer may escort a fired employee from the workplace to the parking lot upon their dismissal. Such actions are often taken by government offices or large corporations that contain sensitive materials, and where the risk exists that the terminated employee may remove some of these materials or otherwise steal trade secrets in order to retaliate against the employer or use it to the advantage of a competing enterprise.
Another reason that bosses do not fire some problem employees is from a fear of retaliation. Sometimes the employer must be concerned about various types of action the ex-employee may take against the company, such as filing a wrongful termination suit
: The terminated employee may take legal action in response to the firing. While laws vary in each country and jurisdiction, many employers keep extensive documentation of disciplinary action, evaluations, attendance records, and correspondence from supervisors, co-workers and customers in order to defend themselves in the event of such a suit. Additionally, the at-will employment
contract, where the law permits, allows the employer to dismiss employees without having to provide a reason, though this has sometimes been challenged in court. As well, the employer may be concerned that the employee could make a negative report to public: by divulging things about the company to others, thereby hurting their business; or that the employee may disclose trade secrets: An ex-employee may remove materials or divulge confidential information from the former employer and use it with another employer or in an independent business.
Some employers may be afraid that a worker may make a report to law enforcement, in the event that the employer's practices are illegal to the law. Other fears include the risk of sabotage by damaging machinery, erasing computer files, or shredding documents; or even violence; In some most extreme cases, fired employees have attacked or even killed their former employers or the staff at their old company or organization, sometimes known in slang as "going postal
." In some cases, this has occurred several months or years after termination. Some employers terminate their staff off-site to avoid these issues.
Other reasons include:
", these discriminatory acts are often because of the employee's physical or mental disability, or perhaps their age, race, religion, gender, HIV status or sexual orientation. Other unjust firings may result from a workplace manager or supervisor wanting to retaliate against an employee. Often, this is because the worker reported wrongdoing (often, but not always sexual harassment
or other misconduct) on the part of the supervisor. Such terminations are often illegal. Many successful lawsuits have resulted from discriminatory or retaliatory termination.
Discriminatory or retaliatory termination by a supervisor can take the form of administrative process. In this form the rules of the institution are used as the basis for termination. For example, if a place of employment has a rule that prohibits personal phone calls, receiving or making personal calls can be the grounds for termination even though it may be a common practice within the organization.
, given too few hours if part-time, demoted
(or relegated to a menial task), or assigned to work in uncomfortable conditions. Other forms of manipulation
may be used, such as being unfairly hostile to the employee, and punishing them for things that are deliberately overlooked with other employees. Such tactics may amount to constructive dismissal
, which is illegal in some jurisdictions.
An employee may be terminated without prejudice, meaning the fired employee may be rehired readily for the same or a similar job in the future. This is usually true in the case of layoff. Conversely, a person can be terminated with prejudice, meaning an employer will not rehire the former employee to a similar job in the future. This can be for many reasons: incompetence, misconduct (such as dishonesty or "zero tolerance" violations), insubordination or "attitude" (personality clashes with peers or bosses). Termination forms ("pink slips") routinely include a set of check boxes where a supervisor can indicate "with prejudice" or "without prejudice". During the Vietnam War
, the CIA
used this terminology with regard to its locally hired operatives. In the case of severe misconduct, it is alleged that the CIA would assassinate them or "terminate with extreme prejudice
".
, a coach's dismissal is generally referred to as a firing. However, though the employment will cease, the team may be required to pay the coach the remainder of his contract. A player on a team who faces the same action is generally not considered to be "fired", but rather "released" or "waived".
In many countries and smaller jurisdictions, the chief executive reserves the right to dismiss certain officials who have been appointed to their positions, with the termination effective immediately and with no obligation for any further pay. In some cases, however, a severance package may be paid. There are times when the President of the United States
will ask his entire Cabinet
to submit their resignations. He can accept some of them and file the rest away. This is often done by a new President who has inherited his predecessor's Cabinet, as a way to reorganize with reduced hard feelings.
Termination of employment
-Involuntary termination:Involuntary termination is the employee's departure at the hands of the employer. There are two basic types of involuntary termination, known often as being "fired" and "laid off." To be fired, as opposed to being laid off, is generally thought of to be the employee's...
by an employer against the will of the employee. Though such a decision can be made by an employer for a variety of reasons, ranging from an economic downturn to performance-related problems on the part of the employee, being fired has a strong stigma in many cultures. To be fired, as opposed to quitting voluntarily (or being laid off
Layoff
Layoff , also called redundancy in the UK, is the temporary suspension or permanent termination of employment of an employee or a group of employees for business reasons, such as when certain positions are no longer necessary or when a business slow-down occurs...
), is often perceived as being the employee's fault, and is therefore considered to be disgraceful and a sign of failure. Finding new employment may often be difficult after being fired, particularly if there is a history of being fired from previous jobs, if the reason for firing is for some serious infraction, or the employee did not hold the job very long. Job seekers will often not mention jobs that they were fired from on their resumes; accordingly, unexplained gaps in employment are often regarded as a red flag
Red flag (signal)
Red flag is a semi-official term to denote various attention and awareness indicators and signals, both explicit and implicit. It can be used in various contexts usually as a warning or when things seem too good to be true as well as unexpectedly good results.The earliest citation for "red flag" in...
.
Usage
"Firing" is a common colloquial term in the English languageEnglish language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
(particularly used in the U.S.) for termination. It is also often known as being "sacked" (a term particularly used in countries from the old British Empire
British English
British English, or English , is the broad term used to distinguish the forms of the English language used in the United Kingdom from forms used elsewhere...
), "canned", "axed", "given walking papers", or "boned".
Reasons
Most US states have adopted the at-will employmentAt-will employment
At-will employment is a doctrine of American law that defines anemployment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a...
contract that allows the employer to dismiss employees without having to provide a justified reason for firing, although the variety of court cases that have come out of "at-will" dismissals have made such at-will contracts ambiguous. Often, an at-will termination is handled as a "layoff". Sometimes, an employee will be dismissed if an employer can find better employees than the incumbent, even if the fired employee has not technically broken any rules. This is common with probationary employees who were recently hired, but who cannot adjust to the environment of the workplace, or those who have been around for a long time, but can be replaced with a less experienced employee who can be paid a lower salary. On the contrary, a dismissal in France is subjected to a just cause and a formal procedure.
Some firings are not so dishonorable. Some examples include conflict of interest, where the employee has done nothing wrong, but the presence of the employee on the employer's payroll may be harmful to the employer. This may be the case when a family member also becomes employed by the firm. In other cases, those who report wrongdoing in the workplace, known as whistle blowers, put their job at risk because they might be retaliated on.
There are many reasons why an employer may fire an employee. While many view firing as the employee's failure, firing in some cases can be the result of the employer seeing a lack of value in the employee, or the ease in replacing the employee, whereas there is no fault to the employee. Firing can be the result of a series of incidents, that when put into a larger picture, make the employee look negative, or the result of a single incident that is considered so severe (known as gross misconduct
Gross Misconduct
Gross Misconduct is the second album from crossover thrash metal band, M.O.D.. It was released in 1989 on Megaforce Records and Noise International and follows 1988's Surfin' M.O.D. It was three years until the band released another record, with Rhythm of Fear in 1992.-Overview:Lyrically, Milano...
), it is grounds for most serious action. In some cases, firing can be the result of a seemingly minor infraction, that following other violations, is viewed by the employer as the last straw.
Some of the more common reasons for firing include attendance problems, poor work performance, problematic conduct, or off job-site conduct. Attendance problems include frequent absenteeism
Absenteeism
Absenteeism is a habitual pattern of absence from a duty or obligation. Traditionally, absenteeism has been viewed as an indicator of poor individual performance, as well as a breach of an implicit contract between employee and employer; it was seen as a management problem, and framed in economic...
or tardiness, or even worse, the "no call, no show
No call, no show
A no call, no show is an absence from the workforce without notifying the employer. This form of absence is typically considered inconsiderate and very unprofessional...
" in which an employee does not come to work and fails to notify the employer. Other attendance problems involve improper taking of breaks, such as taking extended or unauthorized breaks
Break (work)
A break at work is a period of time during a shift in which an employee is allowed to take time off from his/her job. There are different types of breaks, and depending on the length and the employer's policies, the break may or may not be paid....
or not returning on a timely manner from a break, or walking off the premises or area within of the job site without approval from the supervisor. Work performance problems can lead to termination even with good attendance at a job. An employee may be fired if their work performance does not meet the employer's standards. Some of these issues may be lack of necessary skills to perform duties, incompetence
Competence (human resources)
Competence is the ability of an individual to perform a job properly. A competency is a set of defined behaviors that provide a structured guide enabling the identification, evaluation and development of the behaviors in individual employees. As defined, the term "competence" first appeared in...
, failure to learn the required skills or processes, neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
of maintenance or safety procedures, refusal to perform duties, laziness
Laziness
Laziness is a disinclination to activity or exertion despite having the ability to do so. It is often used as a pejorative; related terms for a person seen to be lazy include couch potato, slacker, and bludger....
, or negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
.
Conduct problems can lead to firing if they continue over a long period. Behavioral issues may include unprofessional manners
Manners
In sociology, manners are the unenforced standards of conduct which demonstrate that a person is proper, polite, and refined. They are like laws in that they codify or set a standard for human behavior, but they are unlike laws in that there is no formal system for punishing transgressions, the...
(especially in customer service jobs), constant or gross insubordination
Insubordination
Insubordination is the act of willfully disobeying an authority. Refusing to perform an action that is unethical or illegal is not insubordination; neither is refusing to perform an action that is not within the scope of authority of the person issuing the order.Insubordination is typically a...
, inability to properly relate (i.e., get along) with co-workers, customers or both, arguing with supervisor, co-workers or customers, use of foul language
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
while at work, or sleeping while on duty
Sleeping while on duty
Sleeping while on duty or "sleeping on the job" refers to falling asleep while on the time clock or equivalent, or else while responsible to be performing some active or passive job duty. In some workplaces, this is considered gross misconduct and may be grounds for disciplinary action, including...
. With these conduct problems, the firing is frequently (but not always) part of a "progressive step" process, meaning the employee will have been warned and given an opportunity to improve before more severe measures are taken.
Gross misconduct offenses can lead to immediate firing without any further warning. Gross misconduct includes damaging work equipment through negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
; discovery of false information on the job application
Application for employment
An application for employment, job application, or application form is a form or collection of forms that an individual seeking employment, called an applicant, must fill out as part of the process of informing an employer of the applicant's availability and desire to be employed, and persuading...
(such as resume fraud), fighting or brawling at work; harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
of other employees, such as sexual or racial harassment; use of employer's equipment (e.g. vehicle
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
s and computer
Computer
A computer is a programmable machine designed to sequentially and automatically carry out a sequence of arithmetic or logical operations. The particular sequence of operations can be changed readily, allowing the computer to solve more than one kind of problem...
s) to engage in non-work-related activity or other violations of employer policies, illegal activity, or to view pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
; testing positive for illegal drug usage; failure to submit to a mandatory drug test
Drug test
A drug test is a technical analysis of a biological specimen – for example urine, hair, blood, sweat, or oral fluid / saliva – to determine the presence or absence of specified parent drugs or their metabolites...
(especially for transportation or heavy equipment-related jobs such as machine operators); engaging in illegal activities on the job (such as embezzlement
Embezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
or illegal subordinate harassment); or cheating the employer out of wages by "padding" a time sheet.
In some cases, an employee's off-the-job behavior could result in job loss. A common example is drunk driving, especially if the employee's principal responsibilities require driving. Often, an employee getting charged with a crime will affect the employer's ability to trust the employee. Whether off-the-job criminal charges will result in termination relates to several factors, including the nature of the offense, the nature of the job, and the values of the employer. In some types of jobs, minor convictions that are not related to the job activities may not lead to termination; a ditch digger who works with a shovel who is convicted of drunk driving may not lose their job. However, in some jobs, the perception of trust is very important, so even a non-job-related conviction, however minor, will result in termination, as in the case of banks, security firms, and schools. Another factor is the values of the employer; while some employers may believe that an employee should have a "second chance", other employers may have no tolerance for convicted individuals in their company, even if the employee has very little responsibility, as in the case of a manual labourer.
Additional consequences
Some fired employees may face additional consequences besides their dismissal. This may occur when the reason for the termination is a violation of criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, or if serious damages are caused to the employer as a result of the employee's actions. Such ex-employees may face criminal prosecution, a civil lawsuit, or a reporting to a database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
of those who have engaged in serious misconduct in such a position, so that the chances of ever obtaining a similar position with another employer are less likely. Some examples are a caregiver
Caregiver
Caregiver may refer to:* Caregiver or carer - an unpaid person who cares for someone requiring support due to a disability, frailty, mental health problem, learning disability or old age...
who engages in abuse
Abuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
, a bank teller
Bank teller
A teller is an employee of a bank who deals directly with most customers. In some places, this employee is known as a cashier. Most teller jobs require cash handling experience and a high school diploma. Most banks provide on the job training....
who has stolen money from the cash drawer, or a member of law enforcement who has committed police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
.
For the most serious violations, especially when the employer's security may be at risk from the employee in question, a guard or officer may escort a fired employee from the workplace to the parking lot upon their dismissal. Such actions are often taken by government offices or large corporations that contain sensitive materials, and where the risk exists that the terminated employee may remove some of these materials or otherwise steal trade secrets in order to retaliate against the employer or use it to the advantage of a competing enterprise.
Problem employees
Though many employers would like to get rid of their "problem employees", some employers are reluctant to fire those who one would expect would be deserving of termination. There are many reasons for this, which may include: Some positions may be hard to fill. This may be the case with a rare skilled position, or with certain low-wage jobs that are generally unattractive, where finding applicants is difficult. A person who has unusual skills, or who is doing a job that is considered undesirable, such as cleaning sewage from pipes may be hard to replace. As such, a person in this position may be retained even if they have absenteeism or conduct problems.Another reason that bosses do not fire some problem employees is from a fear of retaliation. Sometimes the employer must be concerned about various types of action the ex-employee may take against the company, such as filing a wrongful termination suit
Wrongful dismissal
Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...
: The terminated employee may take legal action in response to the firing. While laws vary in each country and jurisdiction, many employers keep extensive documentation of disciplinary action, evaluations, attendance records, and correspondence from supervisors, co-workers and customers in order to defend themselves in the event of such a suit. Additionally, the at-will employment
At-will employment
At-will employment is a doctrine of American law that defines anemployment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a...
contract, where the law permits, allows the employer to dismiss employees without having to provide a reason, though this has sometimes been challenged in court. As well, the employer may be concerned that the employee could make a negative report to public: by divulging things about the company to others, thereby hurting their business; or that the employee may disclose trade secrets: An ex-employee may remove materials or divulge confidential information from the former employer and use it with another employer or in an independent business.
Some employers may be afraid that a worker may make a report to law enforcement, in the event that the employer's practices are illegal to the law. Other fears include the risk of sabotage by damaging machinery, erasing computer files, or shredding documents; or even violence; In some most extreme cases, fired employees have attacked or even killed their former employers or the staff at their old company or organization, sometimes known in slang as "going postal
Going postal
Going postal, in American English slang, means becoming extremely and uncontrollably angry, often to the point of violence, and usually in a workplace environment....
." In some cases, this has occurred several months or years after termination. Some employers terminate their staff off-site to avoid these issues.
Other reasons include:
- Unemployment Insurance costs: In the United States and some other countries, such benefits are financed by employers. A firm's unemployment costs increase with each worker laid off or fired.
- Relationship: The problem employee may have a special relationship with the boss, which is not necessarily romantic, but the employee may be a family member or close friend, or the employee may provide other needed connections for the employer
- Dependence on the employee: Despite the hardships the employee brings to the organization, the employer may find the employee useful in other ways. The employee may hold some rare knowledge or skill that is not easily replaceable.
- SympathySympathySympathy is a social affinity in which one person stands with another person, closely understanding his or her feelings. Also known as empathic concern, it is the feeling of compassion or concern for another, the wish to see them better off or happier. Although empathy and sympathy are often used...
: A sympathetic boss may feel bad about firing an employee. - Culture: In some cultures, it is against the values of the employer to fire a long-serving, hard-working employee, even during an economic downturn (e.g., in JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
)
Counteractions
Employers have several methods of countering some of these potential threats. A common method is forced resignation, and it allows the employee to resign as if by choice, thereby freeing the employer of the burden of a firing. Other methods used by employers include:- Termination by mutual agreement: The employer and employee make a joint decision to end employment. Though it may be debatable if the termination was truly mutual, the employer offers the employee a "softened firing" in order to reduce backlash.
- Severance packageSeverance packageA severance package is pay and benefits an employee receives when they leave employment at a company. In addition to the employee's remaining regular pay, it may include some of the following:* An additional payment based on months of service...
: The employee is offered some extended pay or benefits and a glowing reference in exchange for departure. In turn, the ex-employee agrees not to sue, file for unemployment, or take any other action that would hurt the employer. - Demotion: The employee is moved to a lower position, their hours or pay are cut, or the working environment is made increasingly unattractive in hopes of getting the employee to depart voluntarily. In some cases, the employee is officially kept as an employee, but offered little or no work.
- Change of role: The employer may modify the employee's duties so the employee doesn't feel dishonored by the changes, but no longer performs the duties with which they were struggling.
- Unpaid leave: To avoid being fired as a cost-cutting measure, an employee may agree to take time off without pay, either spread out over a long period (e.g., taking off one day a week without pay over a year), or concentrated (e.g., taking off one month without pay).
Forced resignations
A forced resignation is when an employee is required to depart from their position due to some issue caused by their continued employment. A forced resignation may be due to the employer's wishes to dismiss the employee, but the employer may be offering a softened firing. Or, in a high profile position, the employee may want to leave before the press learns more negative information about one's controversial nature. To avoid this, and to allow the dismissed employee to "save face" in a more "graceful" exit, the employer will often ask the employee to resign "voluntarily" from their position. If the employee chooses not to resign, the processes necessary to fire them may be pursued, and the employee will usually be fired. The resignation thus makes it unclear whether the resignation was forced or voluntary, and this opaqueness may benefit both parties.Discriminatory and retaliatory termination
In some cases, the firing of an employee is a discriminatory act. Although an employer may often claim the dismissal was for "just causeJust cause
Just cause or Bare sagen is a common standard in labor arbitration that is used in labor union contracts in the United States as a form of job security.-Use in Labor Union Contracts:...
", these discriminatory acts are often because of the employee's physical or mental disability, or perhaps their age, race, religion, gender, HIV status or sexual orientation. Other unjust firings may result from a workplace manager or supervisor wanting to retaliate against an employee. Often, this is because the worker reported wrongdoing (often, but not always sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
or other misconduct) on the part of the supervisor. Such terminations are often illegal. Many successful lawsuits have resulted from discriminatory or retaliatory termination.
Discriminatory or retaliatory termination by a supervisor can take the form of administrative process. In this form the rules of the institution are used as the basis for termination. For example, if a place of employment has a rule that prohibits personal phone calls, receiving or making personal calls can be the grounds for termination even though it may be a common practice within the organization.
Changes of conditions
Employers who wish for an employee to exit of their own accord, but do not wish to pursue firing or forced resignation, may degrade the employee's working conditions, hoping that he or she will leave "voluntarily". The employee may be moved to a different geographical location, assigned to an undesirable shiftShift work
Shift work is an employment practice designed to make use of the 24 hours of the clock. The term "shift work" includes both long-term night shifts and work schedules in which employees change or rotate shifts....
, given too few hours if part-time, demoted
Demotion
A demotion is a reduction in an employee's rank or job title within the organizational hierarchy of a company, public service department, or other body. A demotion may also lead to the loss of other privileges associated with a more senior rank and/or a reduction in salary or benefits...
(or relegated to a menial task), or assigned to work in uncomfortable conditions. Other forms of manipulation
Psychological manipulation
Psychological manipulation is a type of social influence that aims to change the perception or behavior of others through underhanded, deceptive, or even abusive tactics. By advancing the interests of the manipulator, often at the other's expense, such methods could be considered exploitative,...
may be used, such as being unfairly hostile to the employee, and punishing them for things that are deliberately overlooked with other employees. Such tactics may amount to constructive dismissal
Constructive dismissal
In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Because the resignation was not truly...
, which is illegal in some jurisdictions.
Rehire following termination
Depending on the circumstances, one whose employment has been terminated may or may not be eligible for rehired by the same employer. If the decision to terminate was the employee's, the willingness of the employer to rehire is often contingent upon the relationship the employee had with the employer, the amount of notice given by the employee prior to departure, and the needs of the employer. In some cases, when an employee departed on good terms, they may be given special priority by the employer when seeking rehire.An employee may be terminated without prejudice, meaning the fired employee may be rehired readily for the same or a similar job in the future. This is usually true in the case of layoff. Conversely, a person can be terminated with prejudice, meaning an employer will not rehire the former employee to a similar job in the future. This can be for many reasons: incompetence, misconduct (such as dishonesty or "zero tolerance" violations), insubordination or "attitude" (personality clashes with peers or bosses). Termination forms ("pink slips") routinely include a set of check boxes where a supervisor can indicate "with prejudice" or "without prejudice". During the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
, the CIA
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
used this terminology with regard to its locally hired operatives. In the case of severe misconduct, it is alleged that the CIA would assassinate them or "terminate with extreme prejudice
Terminate with extreme prejudice
In military and other covert operations, terminate with extreme prejudice is a euphemism for execution . In a military intelligence context, it is generally understood as an order to assassinate...
".
High-profile firings
High-profile firing refers to the termination of an employee who is in the public spotlight. In such cases, though terminology may be similar, the rules may differ from the typical firing. For example, in professional sportsProfessional sports
Professional sports, as opposed to amateur sports, are sports in which athletes receive payment for their performance. Professional athleticism has come to the fore through a combination of developments. Mass media and increased leisure have brought larger audiences, so that sports organizations...
, a coach's dismissal is generally referred to as a firing. However, though the employment will cease, the team may be required to pay the coach the remainder of his contract. A player on a team who faces the same action is generally not considered to be "fired", but rather "released" or "waived".
In many countries and smaller jurisdictions, the chief executive reserves the right to dismiss certain officials who have been appointed to their positions, with the termination effective immediately and with no obligation for any further pay. In some cases, however, a severance package may be paid. There are times when the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
will ask his entire Cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
to submit their resignations. He can accept some of them and file the rest away. This is often done by a new President who has inherited his predecessor's Cabinet, as a way to reorganize with reduced hard feelings.