A Wrongful Termination Case Study
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One of the recent high-profile wrongful termination cases is that of Dennis Smith vs. Iowa State University in which the wrongful termination plaintiff was unable to provide enough evidence to prove the cause of Smith’s wrongful termination, hence lost the case (A Wrongful Termination Case Study, n.d.). It is a special kind of wrongful termination case that was brought under the State of Iowa’s statutes of whistleblowing. Smith detected and reported funds misappropriation by one of Iowa State University employee. Later Smith was terminated as part of the departmental reorganization. To him, this termination was vengeful from the administration because of his prior whistleblowing. The jury concurred with Smith’s argument about wrongful termination and was awarded amply for damages. However, the Iowa court of appeal and later the Supreme Court of Iowa deduced that Smith had not provided enough evidence to indicate that his termination was related to his prior whistleblowing ventures (Smith lost the case).
To a great extent, Smith and the University administration could have done a lot to curb the outcome of the termination process. On the part of the employer, he or she should have extensively explained the reasons behind Smith’s termination. The employer should have also followed the labor laws to the letter, especially those that are associated with employees’ retrenchment. He should have given Smith time to seek legal counsel with regards to his termination letter.
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Coming three years after the whistleblowing, Smith should have also sought for internal means of addressing the issue considering that he was not the only one retrenched by the University.
A lot has to be put into consideration before commencing termination. First, the employer has to look at the restrictions based on the law and contract of the employee that he or she wants to terminate. This will be followed by keen documentation of the termination basis. Thirdly, before termination, the employer must ensure that all the alternative measures such as warnings have been duly considered. After the termination decision has been reached, the management should do an exit interview to explain to the employee the reasons behind his or her termination. Finally, the management should formulate a comprehensive termination letter that will prevent the organization from any form of litigation (Guerin & Barreiro, 2016). The employee should be given a chance to have the document reviewed by a barrister.
Reference
A Wrongful Termination Case Study — Smith v. Iowa State University. (n.d.). Retrieved from http://www.erbelaw.com/blog/posts/a-wrongful-termination-case-study-smith-v-iowa-state-university
Guerin, L., & Barreiro, S. (2016). Essential Guide to Federal Employment Laws. Nolo.
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