As a Spencer County wrongful termination lawyer, Patricia. A. Abell has lead litigation for small businesses and their employees in the areas of employment law. Whenever a claim of wrongful discharges is alleged, it is beneficial to know what defenses may be used. The most common defense is known as the good cause.
Unless contracted otherwise, most employees are known as at-will employees. As such, an employer may legally terminate employment for any non-discriminatory reason. Such reasons may include:
1. Business Necessity
An employer may use business necessity in defense of an adverse employment decision made due to the requirements of the company. Good cause may be shown illustrated as a business necessity with companies who require seasonal employment or when the business environment requires a reduction in forces. These are just a few examples of the use of the business necessity defense. It is recommended that an employer consult with a Spencer County wrongful termination lawyer prior to taking any adverse employment action that may lead to a wrongful termination lawsuit.
2. Bona fide Occupational Qualification
There are some positions that may require than an employee have certain characteristics or attributes to successfully complete the job. These are known as Bona fide Occupational Qualifications or BFOQ. A BFOQ can illustrate good cause even when the termination may seem discriminatory on its face. An example of a good cause BFOQ would be the hiring of a specific gender as a locker room attendant at a spa. If your termination was based on a BFOQ, the employer must be ready to prove that the qualification is reasonable and necessary to the company’s operation. Contacting a Spencer County wrongful discharge lawyer can help provide guidance as to what qualifies as a BFOQ.
Contact a Spencer County Wrongful Termination Lawyer
Patricia A. Abell is a Spencer County wrongful termination lawyer who has over 30 years of experience in employment law. She has served small businesses and employees in wrongful discharge matters. If you would like a consultation to advise you of your rights under the law please contact her at (502) 561-3455.