Professionals in the medical sector typically expect to have strong job security. After all, there is consistent demand for the services that they provide and a shortage of skilled workers. Despite the demand for physician assistants, nurses, medical doctors and other health care professionals, licensed professionals may suddenly lose their positions, either with or without cause.
They may then have questions about their rights and how to move forward as they navigate the separation process and begin thinking about their future career development. Losing a job unexpectedly can be a major hardship. The process of securing a new job can take months, even if an employee has a strong work history and state licensing.
In some cases, workers may have experienced a violation of their rights or may have the option of seeking certain forms of financial relief. What do medical employees generally need to know about these two main types of termination and their rights?
Termination without cause
Many employers pursue termination without citing a specific cause as a way to simplify the process. After all, Illinois is an at-will employment state. Businesses can end employment arrangements with little notice and without any justification for that decision. Similarly, workers can summarily quit without advance notice and should not be subject to any legal or financial penalties for doing so.
Termination without cause typically allows workers to seek certain benefits, including unemployment benefits and any severance packages included in the initial employment agreement. They may also be able to negotiate a transition period based on the terms included in their original contract.
If it includes a notice provision, they deserve a warning about an upcoming contract termination. They may continue working for their employer for between 30 and 120 days after receiving notice. If there is no notice requirement, the employer can conduct a same-day termination.
Termination for cause
Sometimes, employers ensure that the worker losing their job knows exactly why. Termination for cause usually involves the company making a specific allegation against the employee. Contract terms may require that the worker receive an opportunity to correct the issue.
In some cases, substandard performance that does not meet company expectations could be the reason for the firing. Other times, specific misconduct could provide the basis of a termination with cause. The goal of firing a worker for a specific reason is often to limit company exposure.
Employers do not want the worker to seek unemployment benefits or demand severance pay. The organization may also want to avoid scenarios in which the worker tries to claim retaliation or an unfair termination by providing a clear justification for the termination.
Reviewing the circumstances leading to a recent job loss with a skilled legal team can help an employee determine whether their employer may have violated their rights. Pursuing employment litigation can be an appropriate reaction to an employer’s decision to end an employment arrangement with or without cause.