Understanding the concept of termination for cause

| Jan 19, 2021 | Termination |

Losing your job can come as a scary moment for most people. Even if your employer fired you for a valid reason, no one wants to face the prospect of losing their source of income. Understanding the concept of termination for cause in Delaware can help employees decide if they have a case for wrongful termination against a former boss.

What is wrongful termination?

Lots of employees make threats regarding wrongful termination suits once they lose their jobs. However, wrongful termination suits have to fall under one of the categories that are set by the federal government. To be eligible for wrongful termination, your employer must fire you a reason such as the following:

  • Discrimination
  • Whistle-blowing
  • Sexual harassment
  • Ageism
  • Violation of public policy (such as dismissal for taking maternity leave)

What is termination for cause?

The concept of dismissal for cause puts most of the blame on the employee who loses their job. An employee who is at fault and terminated for a good reason falls into this category. There are many such valid causes. The following list contains a few, but it is by no means exhaustive:

  • Tardiness
  • Insubordination
  • Stealing
  • Lying
  • Failing a drug or alcohol test
  • Embezzlement
  • Felonious conduct
  • Fraud
  • Deliberate violation of company rules
  • Disclosing trade secrets

Laws surrounding termination with cause

There are very few laws in place that dictate how a company fires an employee with cause. In fact, in most states, an employer can fire someone with no prior notice or explanation. In these cases, employers do not have to provide proof that the employee violated any policy or rule.

The laws concerning wrongful termination, just cause and unemployment benefits do vary by state. If you require legal assistance, consider enlisting an employment attorney familiar with those in the state of Delaware.

Remember that the employment laws may seem stacked against the employee, but you do have rights. If you lost your job because you were the victim of discrimination, age discrimination, sexual harassment or whistle-blowing, you can fight it. Consult a lawyer to determine the best way to proceed.