Terminology and Usage
– Dismissal is the formal term for ending someone’s employment.
– Colloquial expressions for dismissal include firing, being sacked, let go, ran-off, axed, given walking papers, the pink slip, boned, getting the boot, and getting the sack.
– These terms are commonly used in English-speaking countries.
– The term ‘firing’ originated in the 1910s at the National Cash Register Company.
– Commonwealth countries also use the expressions ‘getting the boot’ and ‘getting the sack.’
Reasons for Dismissal
– Most US states have adopted the at-will employment contract, allowing employers to dismiss employees without providing a justified reason.
– At-will dismissals can be treated as layoffs.
– Employers may dismiss employees to replace them with better candidates or lower-paid individuals.
– In France, dismissals require a just cause and a formal procedure.
– Other reasons for firing include conflict of interest, whistleblowing, attendance problems, insubordination, and off-job conduct involving alcohol or drugs.
Additional Consequences of Dismissal
– Some fired employees may face criminal prosecution or civil lawsuits if their termination involved a violation of criminal law or caused serious damages to the employer.
– Ex-employees who engage in serious misconduct may be blacklisted, making it difficult to obtain similar positions with other employers.
– Examples of serious misconduct include abuse by a caregiver, theft by a bank teller, or police brutality by a law enforcement officer.
– In high-security environments, fired employees may be escorted from the workplace to prevent theft of sensitive materials or retaliation against the employer.
– Government offices and large corporations often take such precautions.
Discriminatory and Retaliatory Termination
– Discriminatory termination occurs when an employee is fired due to legally protected characteristics such as disability, age, race, religion, gender, HIV status, or sexual orientation.
– Retaliatory termination happens when a supervisor fires an employee in retaliation for reporting wrongdoing or misconduct.
– Discriminatory and retaliatory terminations are often illegal and can result in successful lawsuits.
– US law protects workers from discrimination based on protected characteristics but does not guarantee overall fairness.
– Administrative processes can be used by supervisors to justify discriminatory or retaliatory termination based on workplace rules.
Changes of Conditions and Rehire Following Termination
– Employers may degrade an employee’s working conditions to encourage them to leave voluntarily.
– Examples of degrading conditions include relocation, undesirable shifts, reduced hours for part-time employees, demotion, or assignment to uncomfortable tasks.
– This strategy aims to avoid firing or forced resignation.
– Employers may use this approach when they do not want to go through the formal termination process.
– Degrading working conditions can create an unfavorable environment, leading the employee to choose to leave.
– Eligibility for rehire depends on the circumstances of termination.
– Employer’s willingness to rehire is influenced by the employee’s relationship with them.
– Notice given by the employee prior to departure may affect rehire prospects.
– Employer’s needs play a role in the decision to rehire.
– Employees who left on good terms may receive priority when seeking rehire. Source: https://en.wikipedia.org/wiki/Dismissal_(employment)
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Dismissal (also called firing) 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 some cultures.
To be dismissed, as opposed to quitting voluntarily (or being laid off), is often perceived as being the employee's fault. Finding new employment may often be difficult after being fired, particularly if there is a history of being terminated from a previous job, if the reason for firing is for some serious infraction, or the employee did not keep 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.
