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Employers have always avoided the termination either because it is not easy to terminate someone or because it can be difficult to defend any allegations of wrongful termination. Cases of wrongful termination have emerged and increased since the late 2000 year.
Employers need to be aware of the cost of these actions via litigation, fines & penalties and even criminal sanctions. Employers need to ask if they have the protections they need when they make decisions on termination, reduction in force, demotion, suspensions and disciplinary actions.
Research has identified the following factors in this increase:
Because of these and other factors, Employers are now more than ever, at risk of litigation against termination decisions. The EEOC has established definitions and guidelines of what constitutes discrimination and what employees are part of "protected classes" and discrimination claims. Now that there have been additional protections under EEOC, Employers should consider these regulations and prepare for those potential Risks.
Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for a defense contracting technologies firm, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives like International Privacy Issues, Drafting & Implementing policies, Reviewing and Amending Global Employment Policies, Cross-Border Reductions in Force and Restructurings, Multi-jurisdictional employee investigations, Immigration, Global Diversity Programs, Expatriate Legal Issues and General Data Protection Regulations (GDPR). Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).