Premium Essay

At-Will Assignment 5

In:

Submitted By emmoore2
Words 1523
Pages 7
At-Will
Evan Moore
Dr. Muhammad
February 4, 2016
LEG 500
Strayer University

Introduction “The right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee”(Halbert,Ingulli,pg 65). This was a quote by Justice Harlan in Adair vs. U.S. in 1908. Employment-at-will is a legal rule that developed in the nineteenth century, which gave employers the power to “dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong”(Halber,Ingulli). Although it is clearly stated about the employment-at-will and how employers can fire employees for anything, there are some exceptions to the rule.
Three Key Exceptions The first exception to employment-at-will is the public-policy exception. With the public-policy exception, an employee is wrongfully terminated when it is against an explicit, established policy of the State the company is out of. The employer cannot fire an employee if they have a worker’s compensation claim if they were hurt at work. “It is recognized in 43 out of the 50 states. A couple states that do not recognize this are Nebraska, Florida, and New York”. (bls.gov, pg. 5) The public policy exception is the one exception that is mostly regarded in the U.S. The second exception to the employment-at-will is the implied-contract exception. This happens when the it is an implied contract between both parties, even though there is no written contract. The employer may make verbal or written representations to employees regarding the security of their job. Some states that do not follow this are Missouri, Texas, and Florida. The last exception is the covenant of good faith exception. This is one exception that is only recognized in eleven states.

Similar Documents

Premium Essay

Assignment 5

...solution and provide a logical answer. This should be one (1) paragraph.  3. State, explain, and support the second (and third if desired) disadvantage (economic, social, political, environmental, social, equitable, ethical/moral, etc.) to your solution and provide a logical answer. This should be one or two (1-2) paragraphs. 4. Include one or two (1-2) relevant visuals that help illustrate an advantage.   5. Use effective transitional words, phrases, and sentences. 6. Provide a concluding paragraph to summarize the proposed solution, its advantages, possible disadvantages, and answers to the disadvantages. Repeat or paraphrase your thesis statement.   7. Develop a coherently structured paper with an introduction, body, and conclusion. 8. Use one (1) or more rhetorical strategy (ethos, logos, pathos) to explain claims.  9. Support disadvantages and answers with at least two (2) additional quality relevant references. Use at least eight (8) total for Parts 1, 2, and 3. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting...

Words: 519 - Pages: 3

Premium Essay

Assignment 5

...Assignment 5 1. Review the definition of management at the beginning of the chapter and briefly define each of the 4 functions. What are the challenges in carrying out these functions in today’s hyper-competitive marketplace? Planning determines the organizational goals and action plans for how to achieve those goals, organizing determines a structure for both individual jobs and the overall organization, leading involves directing and motivating people to achieve organizational goals, and controlling deals with checking performance and making adjustments as needed. Some of the challenges include understanding the needs and motivations of employees and developing an appropriate management style to create value for the organization. 2. Which theory of motivation do you find most compelling? What factors should you consider when choosing a motivational approach? Explain your answers. The theory of motivation that most compelled me was Maslow’s Hierarchy of Needs. This is because it does not separate workers and people into two different categories and give the people set qualities and characteristics, like the X and Y Theory. The uniqueness of people is something that should be considered when choosing a motivational approach. They cannot simply be grouped and expect them all to act or work the same way. What Maslow’s theory does instead is explain WHY people want to work and what helps each of them grow into their role in the workforce and in life. Using the concept...

Words: 636 - Pages: 3

Premium Essay

Assignment 5

...Assignment 5 Unique Number: 504511 Chapter 1 1.1 1.1.1 Factor that contributed to, or enabled the fast growth in m-commerce are the growing popularity of smartphones that feature apps and multimedia capabilities, including fast internet. 1.1.2 Things that might deter people from buying from their mobile is the level of ease required conduct transactions and make payment over mobile phones. 1.2 1.2.1 Things that improved at an organizational level are improved sales by $50000 per month, call quality was high and every metric of strategic importance to the company also improved. 1.2.2 The dashboard created a beneficial competitive environment for the operators because they know how they are doing on key metrics and how their performance compares to other operators, operators are ranked based on a mix of metrics that contribute to profit and are rewarded accordingly. Chapter 2 2.1 2.1.1 PetroMan is a comprehensive trading system that triggers buying and selling activities and integrates contract management, risk management, accounting, and pipeline scheduler. Using the PetroMan, the company can place bids and automatically capture a contract for refined products; and schedule and confirm deliveries in pipelines. PetroMan also handles the resale of fuels, including electronic invoicing and a credit module that checks and tracks a customer’s credit risk. This tracking is done by hedging large purchasing contracts by selling futures on the New York Mercantile (Commodities)...

Words: 1126 - Pages: 5

Free Essay

Assignment 5

...Tony Francis T. Porter Assignment 5 July 30, 2012 Discussion Question 1 My experience is that students exhaustively enjoy polls on topical issues, such as the use of developing technologies. The bigger the class, the more interested students are in the results. The poll can occur over a show of hands in class, but this request is very well suited to the new “clicker” technology. If your class has needed online activities between classes, consider taking a poll online and posting the results in class. In addition to these poll results, consider asking students which message channels are gaining and losing reputation. For instance, most students will likely say that Facebook is gaining, though blogs are behind popularity. Discussion Question 2 This question deals with a brilliant opportunity to change a list of possibilities of communication, including media abundance, social acceptance, and amount of effort required. For example, few students in most classes would have posted YouTube videos because it takes time to develop a decent quality video and since there may be few situations where that energy is acceptable. An important part of this question is how often students receive rather than send information through these channels. For example, only a few people write blogs, yet many people read them. This is an opportunity to ask the few who write blogs or post YouTube videos what inspires them toward doing so. Discussion Question 3 ...

Words: 329 - Pages: 2

Premium Essay

Assignment 5

...RUNNING HEAD: TALENT MANAGEMENT Assignment 5: Sustainable Talent Management Meshell June 16, 2013 HRM 532 Criteria #1 Although there are numerous performance management processes that can measure employee talent particularly in this day of computer technology. The most important parts of such a process is to ensure, the old phrase, "of having the right talent in the right roles at the right time is one of the most important issues facing line executives and human resource professionals today." (Silzer & Church, 2009) In order to ensure that this analogy, which is critical, remains true for any company they must continuously have mechanisms of feedback and then reviews of employees on a regular basis. Most companies would have employee reviews once a year, however, I believe that it is better for this to be done twice a year. There are companies that utilize just annual performance appraisal process by using the performance reviews that evaluate individuals with the potential to succeed in more complex or higher-level roles within the organization. This approach brings to light the question: does past performance realistically predict future performance especially in higher-level positions? Just a quick aside the Corporate Leadership Council defines a high potential employee is someone with the ability, engagement, and aspirations to rise to and succeed in more senior critical positions (Silzer & Dowell, Strategy-Driven Talent Management, 2010) Organizations...

Words: 2326 - Pages: 10

Premium Essay

Assignment #5

...Anacely Ledezma Mgmt 3330.003 April 19, 2010 Assignment #5 Visual Aids are extremely important when they help an audience understand a presentation or speech more clearly. Audiences vary in regards to their ability to capture ideas and thus with visual aids could be presented the opportunity to further comprehend a concept. Most audiences also include a mix of different types of learners. As a presenter, it is crucial to make sure that the presentation given targets each type of learner whether visual, kinesthetic, or auditory. When a presentation includes visual aids it captures the attention of those visual learners and thus gives another portion of the audience to comprehend what is being spoken to auditory learners and the personal stories given to kinesthetic. Each presenter might have a different way to provide a visual aid for an audience. Whiteboards would be key for large rooms, such as lectures. They could be used to present notes, charts, graphs, and tables. The presenter could use those to best display statistics and other important data to large groups. If the notes, charts, graphs, and tables required changes those could be easily added/erased to provide the new relevant information to the audience. They could also be used throughout a long presentation as a reference point if multiple discussions involved them. Another type of visual aid that could be beneficial would be a handout. A presenter could easily type a synopsis of the discussion ahead...

Words: 424 - Pages: 2

Free Essay

Assignment 5

...| Executive Management MBA 5000 | Assignment for Week 5 | | 3/15/2014 | I will discuss the management theories from the readings in week 5 and how they apply to my organization. | Question #1 Highlight the Management Theories of Each Reading In the reading, “Toxic emotions at Work”, the author examines the feelings of employees during organizational changes. “Organizations by their very nature create a regular supply of emotional pain. New bosses, mergers, layoffs. Stifling or confusing policies, salary decisions, and even the way that changes are communicated can all be sources of emotional pain felt by all organizational members” ((Pierce & Newstrom, 2011) It takes a leader that understands how to handle toxic behavior to lead the organization through change. This leader is considered a toxic handler and skills needed are: * Reading emotional cues of others and themselves * Keeping people connected and in communication * Acting to alleviate the suffering of others * Mobilizing people to deal with their pain and get back to a stable status * Building a team environment that rewards for compassionate action(Pierce & Newstrom, 2011) The author examines how the attribute of compassion will allow leaders to connect to with the emotions of employees and keeps the leader from being isolated. In “The One Minute Manager”, the author reveals the secret of management with a system that will provide quality time and produce a self-...

Words: 2307 - Pages: 10

Premium Essay

Assignment 5

...Jaimelah Nash Social Psychology SOCG 2033 David L. Monk The never ending show! A summary of Appendix II Life has been said to be theater for many years dating back to medieval times. So far in this book we have discussed that drama has to have an audience because the act must be put on for someone. I think that Max Burkhardt has a very decent theory of dramaturgy, he states that man acts without knowing it whenever he his being observed. In psychology this is called an observational biased, people act differently when they know they are being watched. Nietzsche says that people are constantly playing roles even when they are not being watched. This is very believable because if life is theater then you are always acting or maybe rehearsing. When you are alone your actions may be a rehearsal but they are still actions. This idea alters the idea of dramaturgy because it suggests that there is no need for an audience but, dramaturgy implies that an audience is imperative. Nietzsche suggests that you are the director, play writer, and actor of your life people are always thinking about the past or the future. This could be true because only you know what you are going to say or do and when and most of that conclusion is because of some premeditated thoughts so you must be the play writer and the director. I believe that some people are not the directors or play writers for their life. There are many adults that do and say everything that someone else has embedded into them. Those...

Words: 373 - Pages: 2

Free Essay

Assignment 5

...ROWE PROGRAM AT BEST BUY Abstract We all have been employed at a job that we thought overworked us and did not get enough time off with our families. And if we were to try and take time off, someone would always have something to say about it. We all also wish that we could have a job where we can make our own schedules and our managers could not control us as much. That is why Best Buy implemented a program called ROWE (Result- Only Work Environment) that would help out with all of these factors. The program will also help reduce voluntary turnover, improve productivity, and increase employee morale. Working somewhere that we hate to work can affect our morale, performance, and attitudes about the employer. Best Buy is one of the few companies who found a solution to combat these problems. If all companies implemented the ROWE program within their organization, would the workplace be better? Would the employees respond better to their employers and perform better? ROWE PROGRAM AT BEST BUY Describe the culture of Best Buy At Best Buy, the culture is like it is at most employers. All eyes are on you at all times and everything that you do is seen. As for Jennifer Janssen in this case, she needs to leave to pick up her kids from daycare but if she does leave early, someone is bound to notice and say something about it. Or at least before the ROWE was implemented in Best Buy’s culture, a coworker of Jennifer may have judged her. In 2003, Best Buy finally launched the ROWE...

Words: 1599 - Pages: 7

Free Essay

Assignment 5

...Starbucks Human Resource * Recruiting and Hiring Starbucks realized early on that motivated and committed human resources were the key to the success of a retail business. Therefore the company took great care in selecting the right kind of people and made an effort to retain them. Consequently, the company's human resource policies reflected its commitment to its employees. Starbucks relied on its baristas and other frontline staff to a great extent in creating the “Starbucks Experience' which differentiated it from competitors. Therefore the company paid considerable attention to the kind of people it recruited. Starbucks' recruitment motto was "To have the right people hiring the right people." Starbucks hired people for qualities like adaptability, dependability and the ability to work in a team. The company often stated the qualities that it looked for in employees upfront in its job postings, which allowed prospective employees to self-select themselves to a certain extent. Having selected the right kind of people, Starbucks invested in training them in the skills they would require to perform their jobs efficiently. Starbucks was one of the few retail companies to invest considerably in employee training and provide comprehensive training to all classes of employees, including part-timers. * Human resources strategy Human Resources Strategy: Starbucks believes that the Company is in the “people development” business as well as in...

Words: 826 - Pages: 4

Premium Essay

Assignment 5

...Info Systems Technology (IST) manufactures microprocessor chips for the use in appliances and other applications. IST has no debt and 100 million shares outstanding. The correct price for these shares is either $14.50 or $12.50 per share. Investors view both the possibilities as equally likely, so the shares currently trade for $13.50. IST must raise $500 million to build a new production facility. Because the firm would suffer a large loss of both customers and engineering talent in the event of financial distress, managers believe that if IST borrows the $500 million, the present value of financial distress costs will exceed any tax benefits by 20 million. At the same time, because investors believe that managers know the correct share price, IST faces a lemons problem if it attempts to raise the $500 million by issuing equity. a.) Suppose that if IST issues equity, the share price will remain $13.50 To maximize the long-term share price of the firm once its true value is known, would managers choose to issue or borrow the $500 million if i.)They know the correct values of the shares is $12.50? ii.)They know the correct values of the shares is $14.50? If the current shares are valued at $13.50 per share, then the current 100 million that IST has outstanding is worth 1.35 million. If IST was to raise $500 million in equity and the share price remains $13.50 per share, it can raise the funds by issuing (500mil/ 13.50) = 37 million in new shares. If IST knows that...

Words: 554 - Pages: 3

Premium Essay

Assignment 5

...This assignment helps you understand what table columns deserve an index through a series of exercises on a database schema. You do not type SQL in this assignment, but rather identify which columns deserve indexes, the type of index it deserves, and why. Correct placement of indexes is absolutely critical to database performance. All but the smallest of databases would have terrible performance if no indexes were assigned to any of its table columns. An index is a physical construct that serves two purposes – speeding up data retrieval and enforcing uniqueness. Indexes are not modeled in logical entity-relationship diagrams, because indexes do not operate at the logical level of abstraction, as do tables and table columns. While the primary purpose of creating an index is to speed up data access, modern relational DBMS also support a type of index that additionally enforces a uniqueness constraint. A uniqueness constraint can be assigned to a table column directly, or is indirectly assigned to a table column when it is assigned a primary key constraint. While a uniqueness constraint is a logical construct, many modern relational DBMS physically implement this constraint through an index. You might reasonably ask the question, “Why not simply add indexes to every column in the schema?” After all, then we would not need to concern ourselves with index placement. The primary reason is that while indexes speed up reading from the database, indexes slow down writing to the database...

Words: 1460 - Pages: 6

Premium Essay

Assignment #5

...September | Apple | 5 | $3,500.00 | $700,000.00 | 1981 November | Seagate | 5 | $1,700.00 | $340,000.00 | 1981 December | VR Data Corp. | 6.3 | $2,895.00 | $460,000.00 | 1981 December | Morrow Designs | 10 | $2,999.00 | $300,000.00 | 1981 December | Morrow Designs | 10 | $2,949.00 | $295,000.00 | 1981 December | VR Data Corp. | 19 | $5,495.00 | $289,000.00 | 1981 December | Morrow Designs | 20 | $3,829.00 | $191,000.00 | 1981 December | Morrow Designs | 26 | $3,949.00 | $152,000.00 | 1981 December | Morrow Designs | 26 | $3,599.00 | $138,000.00 | 1982 March | Xebec | | | $260,000.00 | 1983 December | Corvus | 6 | $1,895.00 | $316,000.00 | 1983 December | Corvus | 10 | $2,695.00 | $270,000.00 | 1983 December | Xcomp | 10 | $1,895.00 | $190,000.00 | 1983 December | Corvus | 20 | $3,495.00 | $175,000.00 | 1983 December | Davong | 10 | $1,650.00 | $165,000.00 | 1983 December | Xcomp | 16 | $2,095.00 | $131,000.00 | 1983 December | Davong | 21 | $2,495.00 | $119,000.00 | 1984 March | Percom/Tandon | 5 | $1,399.00 | $280,000.00 | 1984 March | | 5 | $1,349.00 | $270,000.00 | 1984 March | Percom/Tandon | 10 | $1,699.00 | $170,000.00 | 1984 March | | 10 | $1,599.00 | $160,000.00 | 1984 March | Percom/Tandon | 15 | $2,095.00 | $140,000.00 | 1984 March | | 15 | $1,999.00 | $133,000.00 | 1984 March | Percom/Tandon | 20 | $2,399.00 | $120,000.00 | 1984 March | | 20 | $2,359.00 | $118,000.00 | 1984 May | Tecmar | 5 | $1,495.00 | $299,000...

Words: 3252 - Pages: 14

Premium Essay

Assignment 5

...To: Jane Smith From: Cristina Aravena Teri a firefighter and resident in Boston, MA is looking to sell her home and move to the banks of Charles River in Cambridge, MA. Teri list her home in an ad and gets an offer from Jack for $300,000. Teri accepts the offer and they sign the contract. Later on she finds out about the Boston Municipal Rule that all firefighters must live within the Boston city limits. Since Cambridge is out of the limits, Teri then decides she cannot move. She contacts Jack to tell him that he would have to look for another house. The Statute of Frauds land contract certain contracts are actionable only if in writing. (4) “Upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them”. ALM GL Ch. 259, § 1 The Boston Municipal Employee Residence rule states: “Any member of the regular police or fire department and fire alarm division of a city or town appointed subsequent to August first, nineteen hundred and seventy-eight shall reside within fifteen miles of the limits of said city or town.” ALM GL Ch. 41, § 99A The Massachusetts Courts, Judicial Officer and Proceedings in Civil Cases Procedures under Equity Jurisdiction states: Actions to enforce the purpose or purposes of any gift or conveyance which has been or shall have been made to and accepted by any county, city, town or other subdivision of the commonwealth for a specific purpose or purposes in trust or otherwise, or the terms of such...

Words: 641 - Pages: 3

Premium Essay

Unit 5 Assignment 5

...nasopharyngeal sample was tested for Influenza using PCR. According to the diary cards, targeted N95 group had the highest rate of self-reported adherence to intervention as 82% said they wore an N95 respirator while performing high-risk procedures. The group that wore N95 continuously had the lowest compliance as only 57% kept the respirator on at all shift. The surgical mask group self-reported compliance rate was in the middle with 66% adhering to wearing a surgical mask the entire shift. Primary endpoints were analyzed by intention to treat. Cluster-adjusted Chi square tests were appropriately used to compare the event rate for the primary outcomes in each arm. Sample-size calculation was done prior to the study. To obtain 80% power at two–sided 5% significant level for detecting a significant difference of attack rate between the three intervention arms. The attack rate was assumed to be 3.9% in the N95 arm and 9.2% in the continuous medical mask arm. A sample size of 559 participants per arm (23 clusters) was needed, however the number of each arm was smaller. CRI rate was highest in the medical mask arm (98 of 572; 17%), followed by the targeted N95 arm (61 of 516; 11.8%), and the full-time N95 arm (42 of 581; 7.2%) (P < 0.05). The rates of confirmed viral infections were all below 4% and didn't differ significantly between study arms. After adjusting for confounders, only continuous use of N95 remained significant against CRI and bacterial colonization, and for just CRI...

Words: 1365 - Pages: 6