Employment Contract and Unfair Dismissal - Assignment Example

The paper "Employment Contract and Unfair Dismissal" is a wonderful example of an assignment on business. Farlow had been lawfully discharged of her duty by Wachovia following her conviction which had occurred in the year 1982. However, she worked for Wachovia as an independent contractor whereby she was receiving payment from Wachovia for her services. As a service provider to Wachovia, she had the right to use his property. The agreement for employment required to relinquish of FDIC before she could be reinstated as an employee. Also, Wachovia and Farlow had signed an agreement that qualified Farlow as an independent contractor. However, at the time of her termination, this had not been done. Following her claim against sexual abuse, Farlow got dismissed from her work. Based on the fact that the agreement stated Farlow was supposed to render her service to Wachovia and that the FDIC was not relinquished at the time of dismissal, proves that Wachovia was not Farlow employer.

Unjust termination of workers takes place when an employer dismisses the employee from the work without lawful reason for the dismissal. According to the Employment Act, before an employee is terminated he or she should be explained the reason for dismissal. Also, he or she should be given time to prove his or her innocence. For example in the case of an employee who was working for the medical center, the employer contravened the employment regulations which forbid workers to undergo polygraph tests as an employment requirement. The employer had not proved that his employee had made an offensive phone call and also the worker had a right not to accept polygraph test. A person is not guilty until proven guilty. Therefore, based on this fact, the employee was terminated unfairly by his employ and therefore, he had a right to sue him for his justice. Read More