This article will show you what the law says about being released from a job because of a personality conflict.
Labor Laws: Can One Be Fired by His or Her Boss Over a Personality Conflict?
A person might ask whether an employee can be fired because his or her boss does not like his or her personality. While the subject may appear unfair, one might say that it is usually not unlawful. A number of nations and states of America republic like New Jersey and California are mostly at-will on the matter. This means that unless employers lack genuine reasons they have the right of terminating the services of their workers at any time. Some may also argue that they can do so without any reason.
Similarly, workers have the right to resign at any given time with or without reason at all and also without issuing notice to their employers. However, it is necessary for one to know that some employers can decide to use the at-will doctrine in terminating the services of their workers because of discriminatory reasons. This scope attempts to look at the various reasons and laws used by some unscrupulous employers in deciding the fate of the employees and getting away with unlawful behavior. Issues like victimization, bullying, and harassment of workers by the management staff are common when personalities clash. They can also occur when different agendas of the management staff are implemented or taken into consideration at the expense of retaining specific relationships at the workplace.
(i.). At-Will Law
There are various exceptions to the law governing the relationship between the worker and employer. For instance, employees who are normally covered by a specific bargaining agreement are usually protected by special clauses that spell out various permissible reasons and rules to be taken before an employer conducts the termination. For example, civil service workers are protected by important provisions that require reasons for the termination. Moreover, workers that sign employment contracts are bound by the conditions and terms spelled in the written contract.
One might ask: Suppose that an employee hides behind the at-will law of employment, should this give an employer the opportunity to defend the cause of his or her actions towards the worker? While answering the question one would have to ponder whether the at-will employment law gives freedom for any of the parties to violate the clause. There are some cases where one can use the act for justification of a wrongful termination. These factors include:
There are cases where a new employee can be bullied at work when he or she has a personality conflict with a fellow colleague or employee. A conflict arises in offices whenever an employer wants to change how thing are conducted by his or her staff. It usually happens when the boss wants to make his or her mark on the way a job is conducted or performed. An employer might have a problem on how he or she handles the matter which can lead in unfair treatment of the workers.
Furthermore, senior staff may extent the conflict to focusing on minor misconduct, which when looked at different angles will cause the issue to appear bigger than the stake between the employer and worker.
One need not to suffer being treated unfairly in his or her workplace. In this case, there are various protections available within the law to ensure that the junior staff enjoys his or her work.
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Solution: What can an employee do?
It is important for the employee who is being bullied or harassed to make his or her complaint in accordance to the laws governing workers grievances. Most of the clauses pertaining to the issue are found in the employment act policy, code of conduct, and bargaining agreement. Before a follow-up procedure, one should inquire from the human resource department.
An enterprise bargaining power gives employees special status and benefits based on tight regulation that prevents a worker from being terminated unknowingly or because of the conflict. It usually consists of the regulations:
- Before an employer conducts the disciplinary action on the worker, the employee should be notified on the reason for his or her termination by the management representative. The initial warning is oral and is sometimes recorded on the worker’s personal file.
- If the matter continues and one is not serious with the warning, a second warning in writing is given to the junior staff before recorded on his or her personal file.
- Suppose the mater recurs, then one might be terminated without further warnings.
This means that a worker cannot be dismissed without the authority of the employer. Furthermore, when the annual period elapses without the worker repeating the same offence and issuing of another warning all the adverse reports of the warnings filed should be removed from the worker’s file.
If one continues to be harassed and bullied, he or she should consider filing the complaint with Human Rights Commission. The legal body shall investigate the discrimination matter in accordance to the Equal opportunity Act 2010 which one of its clauses lists some of the attributes such race, gender, tribe, religion, and political beliefs.
Another option available to any employee is to apply an injunction that prevents the senior staff from undertaking the termination of the employment.