...Employment At-Will Doctrine The legal doctrine called at-will clearly states that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. It also means that an employer can change the terms of the employment relationship with no notice and no consequences. “For example, an employer can alter wages, terminate benefits, or reduce paid time off. In its unadulterated form, the U.S. at-will rule leaves employees vulnerable to arbitrary and sudden dismissal, a limited or on-call work schedule depending on the employer’s needs, and unannounced cuts in pay and benefits (Boone, 2012).” Listed below are a few scenarios that was requires an examination of the at-will doctrine, as to whether or not an individual can be fired for the following reasons and if so, what action should be taken by the Chief Operating Officer of the company: I. Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission. “In the state of Georgia, 34-1-3, (a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful...
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...Employee-At-Will-Doctrine Jennifer Carter Professor Wendy White LEG500 – Law, Ethics, and Corporate Governance October 28, 2012 Abstract This paper will discuss issues relating to the Employment-At-Will Doctrine and the employer’s liability based on actions and responses to the employee’s behavior and actions. It will discuss the steps that are needed to be taken if the skills, competence and abilities of an employee to be productive and efficient in completing the required task of employment are not met. In the absence of contracts or agreements that indicate otherwise, either employees or employers may terminate employment without advanced notice or cause under the Employment At Will Doctrine. In terminating employment, employees and employers aren't allowed to breach employment contracts or agreements, or violate laws, regulations, constitutional provisions or public policy. To avoid legal liability, an employer should know and consider the exceptions of the Employment-At-Will Doctrine before terminating an employment. Employment-At-Will-Doctrine Describe steps that you would take that address the following scenario involving skills, competence, and abilities. Scenario: Jennifer seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently tells her boss that she is a good worker and a genius. She also tells her boss that she is not appreciated. However, after a few months of training and support...
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...In the study of law and economics, an employee-at-will can be terminated at any time for any reason or no reason without incurring any legal liability however, with a few exceptions and the protections afforded by federal law. Likewise, the employee-at-will doctrine is equally applied allowing an employee to leave a job at any time without reason and with no adverse consequences. To mitigate some of the harsh consequences associated with the employee-at-will doctrine, some common law exceptions were put in place: public policy exception, implied contract exception, and covenant-of-good-faith and fair dealing exception. Public policy exception protects against wrongful discharge inconsistent with state policy, implied contract exception occurs...
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...employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Rogers, S. 2012) was put into place to protect both the employee and the employer. By making the employment at-will both the employer and employee can void the contract at any time without repercussions. The "Employment At Will" Doctrine was created in the US in the late 1800's. This Doctrine was favored by employers since it gave them extreme freedom to run their business as they saw fit and protected them by the courts at the same time. As with most things that have too much freedom, abuses occurred that eventually gave rise to employee’s up-rising by joining unions. Due to this and the Civil Rights laws implemented in the 1960's, companies started documenting their policies regarding how, why, and when an employee could be terminated. The courts then held companies accountable for following their employee manuals which in recent times have made companies scrutinize their manuals very closely and frequently” (Butsch, R., & Kleiner, B. H. 1997) Many people assume that with the at-will doctrine being put into place would stop employers from taking advantage and still fire people at any time, whenever they felt like it leaving that employee floundering with unexpected loss of income. That assumption is only half right; the At-will doctrine means that an employee can leave also whenever they want leaving that employee shorthanded...
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...Employer-Employee Relations Quiz The Little Lamb Company is in need of programmers. They decide to enter into a contract with Mary, a programmer, for a project that they need to complete. As the project is coming close to completion the company has a new project starting that requires Mary’s services and decided to continue with her services. After two years the company experiences budget cuts and Mary is asked to leave. Thirty days later the company acquires a new contract that requires Mary’s services again. She is not asked to return and the company’s supervisor hires his cousin, who is equally qualified, in place of Mary. The following will look at Mary’s case and determine if she has been legally let go or if the company has violated her contract. Independent Contractor or Employee When Little Lamb Company began the employ of Mary’s services they entered a contract with her. This makes Mary an independent contractor. No clear definitions of her contractor are given but the contract itself is a binding legal document that the company must uphold. When the initial project is closing the company retains Mary for a new project. This project requires Mary working closer with supervisors and following a regular schedule set by the company. This can be seen as the company hiring Mary as a regular employee, changing her status from an independent contractor to a regular employee. Her contract did not specify a length of employment so she was not an indefinite employee. Her contract...
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...employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Rogers, S. 2012) was put into place to protect both the employee and the employer. By making the employment at-will both the employer and employee can void the contract at any time without repercussions. The "Employment At Will" Doctrine was created in the US in the late 1800's. This Doctrine was favored by employers since it gave them extreme freedom to run their business as they saw fit and protected them by the courts at the same time. As with most things that have too much freedom, abuses occurred that eventually gave rise to employee’s up-rising by joining unions. Due to this and the Civil Rights laws implemented in the 1960's, companies started documenting their policies regarding how, why, and when an employee could be terminated. The courts then held companies accountable for following their employee manuals which in recent times have made companies scrutinize their manuals very closely and frequently” (Butsch, R., & Kleiner, B. H. 1997) Many people assume that with the at-will doctrine being put into place would stop employers from taking advantage and still fire people at any time, whenever they felt like it leaving that employee floundering with unexpected loss of income. That assumption is only half right; the At-will doctrine means that an employee can leave also whenever they want leaving that employee shorthanded...
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...Employment-At-Will Doctrine Sherita Pittman October 26, 2014 Master of Business Administration LEG 500 Strayer University Employment and employee go hand and hand at some point in life. Work is defined as, exertion or effort directed to produce or accomplish something; labor; toil and employment is, an occupation by which a person earns a living; work; business (Dictionary.reference.com (2014). As the Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). I have discovered multiple personnel problems that require immediate attention and faced with difficult decisions to be made. In this paper I will discuss the employment-at-will-doctrine and examine three scenarios described, analyze whether legally I can fire the employees by including an assessment of any pertinent expectations to employment-at-will doctrine, the primary actions I should take to limit liability and impact on operations and examine the state’s policy on employment-at-will by analyzing one real-world example of an employee or employer utilizing state’s employment-at-will doctrine in the last five-year. As an astute manager, I have analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As I proceed with the investigation, I discover the company has no whistleblower policy. The employment-at-will doctrine is the legal doctrine that gives employers a broad discretion to fire employees...
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...Professor Ellen Kapalko Legal 500: Law and Ethics in the Business Environment July 22, 2012 Employment at Will Doctrine At will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine, any hiring is presumed to be “at will”; that is the employer is free to discharge individuals for good cause or bad cause or no cause at all. The employee is also equally free to quit, strike or otherwise cease work. “The right of an employee to quit the services of the employer, for whatever reason, is the same right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert/Ingulli, 2012). Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. “The earliest adjustments to the doctrine of employment at will were made as workers fought for the right to organize and form unions” (Halbert/Ingulli...
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...Strayer University | Employment-At-Will Doctrine | LEG 500/Professor Armonda | | Alicia Hewitt | 4/16/2012 | | The Employment-At-Will Doctrine is a doctrine that defines an employer can fire an employee at any time, without cause, and the employee can terminate employment at anytime. If there is a contract, the contract must be honored until set date of termination, or employee fails to honor set contract (Halbert & Ingulli, 2012, p.46). Describe what steps you would take to address the following scenario involving skills, competence, and abilities: As a manager, or a supervisor of a company, certain criteria will have to be met before employment can take place. When an employee enters a work place, they are usually placed on probation. During the probation period, the conduct of the employee is monitored. If the employer is not satisfied with that employee’s performance, they can be terminated at any time if no contract was signed. Employees are usually hired base on the information found on their resume, and are expected to do the job when hired. There are times when additional training may be needed, in hope that the employee will improve and rise up to standards and perform the duties. As a manager, I could not rely on spoken word only. If the business is to strive, and be successful, the work of that employee need satisfactory, or better. Describe what steps you would take to address scenario involving management, behavior, and performance: ...
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...Employment-At-Will Doctrine Employment-at-will doctrine Summary The employment-at-will doctrine is a legal doctrine that gives employers the ability to fire employees “for a good reason, a bad reason, or no reason at all” (Halbert & Ingulli, 2012, p.46). This doctrine was developed in the 19th century under the theory that it would be just as fair for an employer to terminate an employee for any reason, as it would be for an employee to resign from employment at any time. There have been a few exceptions to this doctrine, but because they are so broad, the conditions under which an employee can claim their termination is unlawful is difficult to prove. According to the Bureau of Labor Statistics, there are three exceptions to the employment-at-will doctrine. These address terminations that do not seem just although they technically comply with the doctrine requirements (Muhl, 2001). The first exception is a termination that undermines an action that would be beneficial for society, or is a violation of a State’s public policies. The next exception prohibits employee termination after an implied contract has been established from written assurances, a company handbook, policies or behavior. Finally, an implied covenant of “good faith and fair dealings” between employer and employee is an exception that is the least used among the 50 states. In certain cases, such as those protecting financial service sectors and federal employees, whistleblowing is not a legal ground...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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...review the positive and negative effects on the At-Will law dealing with employee and employers, does it help both new sentence?? I will explore contracts between employees and employers, how can they be terminated, and if so does the employee get paid till the end of the contract. I will discuss the possibilities of just causes on the employee or employer can they be used to terminate the contract. awkward Do the different states have laws that help the employees or the employer? At the end of this research I hope to show trends in the law as it has changed in the past 10 to 15 years. The History of the Law The At-Will law was first created? by Horace Wood (1877). As my research has let me to believe Mr. Wood only created the concept of At-Will employment, he stated that the courts have already accepted it as the doctrine of the time. Mr. Wood’s statements were the catalyst of what’s the beginning of a number of new laws creating the At-Will employment doctrine. In his writing Sandler (2000), also agrees that Mr. Wood helped the courts pull away from the rules and laws set by the English at the time and helped to establish the new law for the USA. The general rule in American employment has been that an employment relationship for no specified duration may be terminated at any time and for any reason (or no reason) by either the employee or employer. This rule is known as the "At-Will" doctrine (Hunter 1999). Redundant? As an indication of the spirit of that era...
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...Assignment Two: Employment-at-Will Doctrine Linda M Zaccarillo LEG500 Law, Ethics and Corporate Governance Note: This assignment is submitted on July 31, 2014 to Professor Sliben in fulfillment of a requirement for successful course completion. Assignment One: Employment-at-Will Doctrin In this paper I will be acting as a recently-hired Chief Operating Officer in a midsize company preparing for an Initial Public Offering. I will also I will analyze the emoloyment-at-will doctrine, determine if any exceptions and liabilities exist, and give a brief definition. I will also discuss Pennsylvania employement-at-will doctrine. Employment-at-Will Doctrine Employment-at-will doctrine means the common law rule that holds that whenever an employment relationship is of an indefinate duration, either party- the employer or the employee-may terminate the relationship at any time,for good cause or bad, in good faith or with malice(Halbert & Ingulli, 2012. p 46). John John is not protected by the employment-at will doctrine. The reason that I can fire him is because his interent blasting is a direct violation of company policy. There is no privacy when posting on the internet. When you post things on the interent you are posting for the whole world to see. John is not covered by any laws to protect him from being fired. There is also no way that he ccan contest the firing because he is violatiating the...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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...backed by the assurance that the organization is growing in a positive direction so that the shareholders are confident in their investments. As the COO of a company trying to go public, recognizing that this move requires being regulated by the Securities and Exchange Commission (SEC), is an important step in growing the company. Addressing internal issues is the first step in preparing for the first IPO. Personnel issues, such as an employee’s public dissatisfaction with some facet of the company operations could do the company great harm. How the COO handles employee concerns or behaviors will also give investors insight into how well the company is ran and if they feel comfortable purchasing stock through the organization. Several situations have to be addressed before moving forward. Some dealing with company policy on social media postings, company equipment use policies and how the employment-at-will doctrine affects how these concerns will be addressed. It may seem fitting to get rid of any and...
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