Which of the following actions could lead to wrongful discharge?

Prepare for the North Carolina Certified Paralegal Exam with flashcards and multiple-choice questions featuring hints and explanations. Ensure success on your NCCP Exam!

Discharging an employee for taking medical leave can lead to claims of wrongful discharge because such an action may violate specific laws designed to protect employees' rights. In many jurisdictions, including under the Family and Medical Leave Act (FMLA) and various state laws, employees are entitled to take medical leave for serious health conditions without the fear of losing their job. If an employer terminates an employee solely for taking medical leave when they are legally entitled to that time off, it can be seen as retaliatory and unjust, establishing a basis for a wrongful discharge claim.

The other scenarios, such as firing for poor performance, termination following a probationary period, and layoffs due to economic reasons, typically do not constitute wrongful discharge. Firing an employee for poor performance is a legitimate business decision, as is terminating someone at the end of a probationary period, which is often a standard practice to assess employee fit. Likewise, layoffs resulting from economic downturns are often necessary for the survival of a business and are generally lawful, provided that the company follows the relevant laws and guidelines regarding such actions.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy