... EMPLOYMENT -AT- WILL DOCTRINE TABLE OF CONTENTS Employment -At-Will Doctrine……..............................................................................p1 Exceptions to Employment-At-Will………..…………………………………….……p2 Case Scenario Evaluations…………………………………………………….……....p3 Recommendations CEO……………………………………………………………….p5 References /Academic Resources……………………………..………………………p7 EMPLOYMENT -AT-WILL DOCTRINE In this paper, I will summarize the employment-at-will doctrine in the United States. I will evaluate the following situations: • Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: • Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. • What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. • Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position. • Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items. THE AT-WILL PRESUMPTION Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly...
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...Employment-At-Will Doctrine Lisa Dunn Dr. Charles Fleming LEG 500 Strayer University April 22, 2013 Many workers in the United States believe that satisfactory job performance should be rewarded with, among other benefits, job security (Muhl, 2001, 3). There is an employee (Jennifer) that 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” and that he does not “appreciate her”. Even after a few months of training and support for the accounting firm she works at, she is unable to use the computer tools to be productive and efficient in completing the required tasks. This employee is banking on the employment-at-will doctrine. The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause at all (Halbert & Ingulli 2012, 46). With this scenario of Jennifer’s behavior the manager needs to review the lists of abilities that she wrote on her application or resume. If those abilities are false and she cannot perform her duties of the job, then depending on her employment contract she either needs to be formally written up or terminated for lying on her resume and not being able to perform her duties. Jennifer went through the training and...
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...Employment -A-Will Doctrine I am the newly appointed Chief Operating Officer (COO). I have discovered multiple personal problems needing my immediate attention. I will work closely with my Human Recourse Manager (HRM) to evaluate the following issues in light of the employment-at-will doctrine. The employment-at-will doctrine gives employers broad discretion to fire employees “for a good reason, a dad reason, or no reason at all” (Halbert & Ingulli, 2012, p. 46). The first concern is our employee John posted a rant on his Facebook page in which he criticized our company most important customer. After further investigation I collaborate with my HRM and decided to terminate John. The fact that John bad-mouth the customer on social media is bad for business. It is my responsibility as the COO to clearly send a message to our employees that social media is not the place to air concerns or criticize clients. I can legally according to the employment –at-will doctrine (At-Will) fire John because his criticism of the client was not a matter of public concern. As an employer we must have a significant control over our employees’ word and actions because of the possible impact on operations for example if the client left and we must limit our liabilities. The ethical theory which best supports my decision is free market ethics. Legal challenge: The woman sued, claiming that she was fired in violation of her First Amendment right to free speech. The employer countered that because...
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...Employment-At-Will Doctrine Introduction Employment-At-Will is a common legal doctrine that an employment contract of indefinite duration can be terminated by either the employer or the employee at any given time for any reason. In essence, an employer can discharge an employee for any reason which can be good, bad, or no reason at all. At the same time, the employee is equally free to cease work at any time without giving a reason to the employer. This doctrine of Employment-At-Will has been well established in the American legal system since the 19th Century, but nowadays employers find it confusing and with potential liability. This paper will provide different scenarios where employees’ behaviors trigger the Employment-At-Will ruling and how the newly hire Chief Operating Officer (COO) should address these scenarios following the company policies and the law to limit the company’s liability, as well as, the Whistleblower Policy. Scenarios Scenario 1 John posted a rant on his Facebook page in which he criticized the company’s most important customer. In my opinion, the COO has grounds to fire John because there are several clauses in the employee handbook that talk about the limitations on sharing information of the company and its customers on social media such as Facebook. Specially, if John has placed the name of the company in his profile. John can be terminated immediately due to his critics against the company’s most important customer because this could lead...
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...The Employment at Will doctrine generally provides private sector employees free reign to fire employees the employer believes to be insupportable. However, Several cases have ruled that an employer who gains unauthorized access to an employee’s password protected blog, and subsequently fires the employee for anything appearing on that blog have violated the Stored Communications Act (SCA) of 1986. The Stored Communications Act of 1986 (SCA) makes it unlawful to intentionally access without authorization a facility through which an electronic communication service is provided (Crane, 2012). In addition, the SCA notes that it is illegal to intentionally secure unauthorized entry and obtain, alter, or prevent authorized access wire and electronic communication while it is electronically stored. This also extends to social media sites such as facebook, twitter, and my space. However, some courts have previously question the interpretation of SCA, which suggest many disagreements. Nonetheless, prior to the dismissal of an employee, an employer should seek legal advice, to ensure that their actions are correct, thus avoid possible civil penalties. To be successful at obtaining a favorable civil verdict against an employer, the fired employee must be able to show that the employer purposely placed privacy settings on his or her social networking site, excluding the employer from access. The employee must also prove that employer did in fact gain unauthorized access and used information...
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...Employment at Will Athena Locklear 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...
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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 | | | Alishia Bush | | Kimberly Ford, Esq. LEG 500 10/23/2013 | | Employeement-at-will Doctrine/Evaluation The employment-at-will doctrine was established giving employers autonomous power to terminate employment at will for no reason, a good reason or for being found morally wrong, even if they aren’t wrong in the eyes of the law. Within this doctrine the employer or employee, without a written employment contract, can terminate the employment relationship without warning at any time and with or without cause. There are exceptions to this rule. One being that the employer cannot use this doctrine to intimidate or coerce their employees. Employer initiated termination must not be discriminatory or violate specific state or federal laws. This exception is known as the public policy exception. Under this exception, an employee is unjustly discharged when the termination is in contradiction of public policy of the State. Public policy can be determined either by a State constitution, statute, or administrative rule. The second exception of the employment-at-will doctrine is when an implied contract is formed between the employee and employer. The last exception focuses on that in which is an implied promise of “good faith and fair dealing” or implication of contract terms from the employer’s handbook, policy statement or behavior (Halbert, 2012). This exception is the covenant of good faith and fair dealing which...
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...Strayer University-LEG500 | Assignment 1 | Employment-at-Will Doctrine | Question 1 Since the employer has completed the required training classes and the employee is still unable to complete their duties then the only option the employer would have would be to terminate the employee. Based on the employment-at-will doctrine the employer has the right to terminate the employee at any time. Since the employee cannot perform the duties she was initially hired for then the employer has the legal right to find a qualified replacement. The employer could prove that she was unable to complete her required duties even after months of being trained therefore the employer would have legal rights in terminating the employee. The employee would not have much of a case if for whatever reason they decided to sue the employer. The employer did everything in their power to train and help the employee but in the end they weren’t qualified for the position. If the position required specific skills the employer should have been more specific and selective when choosing an employee. They should have made sure they had all the skills or at least most of the skills needed to complete the required daily duties. The small amount of skills they didn’t have could have been acquired within a short amount of time with necessary training. This case doesn’t fall into any of the exceptions when it comes to employment-at-will. The employer hired an employee and they were unable to complete...
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...Employment-At-Will Doctrine In the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl, 2001]. Public-policy exception Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State. For example, in most States, an employer cannot terminate an employee for filing a workers’ compensation claim after being injured on the job, or for refusing to break the law at the request of the employer. The public-policy exception is the most widely accepted exception, recognized in 43 of the 50 States [Muhl, 2001]. Implied-contract exception The second major exception to the employment-at-will doctrine is applied when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Although employment is typically not governed by a contract, an employer may make oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken. If so...
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...Assignment 1: Employment-At-Will Doctrine 5/4/14 * Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: The employment-at-will doctrine states that an employee can be fired or released from a company for cause or no cause at all. The employee also has the right to quit a job for any reason. Under this legislation, neither the employer or employee incurs “adverse legal consequences” (NCSL, 2014). There are three exceptions that are observed by the law to include a dismissal that “violates a state’s public policy, where there is an implied contract for employment, or where there is an implied covenant of good faith and fair dealing” (Muhl, 2001, p4). People cannot be fired based on the “individual’s race, color, religion, sex, or national origin” (Halbert & Ingulli, 2012, p134). An individual can also not be fired based on a disability or due to filing a workman’s comp claim. Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention. As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. * Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. *...
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...has praised her performance as highly functional. I will have a meeting with Jennifer; along with a lead discussing a 60 day performance improvement plan. The lead will serve as a witness and Jennifer’s preceptor. The meeting will begin with presenting Jennifer’s previous measurable errors. The meeting will begin explaining to Jennifer that the goal is to develop a partnership to continue her employment at the firm (Boston Medical PIP; page 2). The duration of the PIP will be 60 days. The first 30 days will be a shadowing period only. Jennifer will be encouraged to as ask questions about computer tools to increase her efficency. At the end of the 30 days a meeting with Jennifer, the Lead, and I will take place. The meeting will re-emphasize the encouraged partnership. The last 30 days Jennifer will continue shadowing, but will function on her own with the support of her preceptor (Lead). Jennifer’s behavior will be addressed by Human Resources within the first thirty days. At the end of the 30 day an evaluation will be conducted and a recommendation for continued employment will be decided. Explaining why people do what they do at work has been the goal of behavioral scientist for nearly 100 years (Barrick & Mount, 2013, p.1). The perception of having a job; but not knowing whether it is secure has been classified as one of the more stressful burdens that an employee can shoulder (Hartley et.al. 1991; Ironson 1992.) Jennifer is a valuable contributor to the firm...
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...Employment-At-Will Doctrine Howard Jones LEG 500 January 20, 2013 Professor There exists a relationship between an employer and an employee which is governed by a set of rules and regulations. These rules are referred to as the employment at will doctrine. These rules give employers the unfettered authority to terminate the employment of an employee at will for a reasonable cause, or for no cause. On the other hand, this doctrine gives an employee the right to terminate the relationship with the employer. Generally, an employee will be relieved of his or duties by the employer if he does not perform or if the employee is incapable to acclimatize him or herself to the position’s requirements (Mark et al., 1987). Legally, an organization has the right to terminate the services of an employer if he or she proves incompetent. A manager or an employer has a fundamental role of solving performance issues in the organization. In essence, the best way to handle an employee’s productivity or performance is through creating a performance evaluation system. This system cultivates a culture where collaboration and communication will assist in addressing such problems. In the first case of Jenifer, since she is a new recruit to the company, I would ensure that she receives additional training on computer packages even though she has had this type of training already (DelPo & Guerin, 2011). I believe, as a manager, my responsibilities would...
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...Assignment 1 Employment at Will Doctrine 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: "Employment at Will" basically means that an employer may terminate an employee without notice or cause. While companies generally adhere to progressive discipline, it is not bound or obliged to do so. It is up to the company's sole direction to terminate at any time with or without a cause. The situation that the employer is facing with this employee is somewhat difficult however it is manageable. The employee is unable to use the computer tools to be productive and efficient in completing the required tasks of her position. I would inform the employee of her performance particularly her deficiencies abilities and reiterate the skills necessary to fulfill the job she was hired to do. Typically, most corporations have a policy compliance handbook which rest with human resources department to describe the actions to be taken in this situation. Management must familiarize themselves with these policies. “Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems”(nolo.com). When there is a lack of performance, management typically will follow the policies guidelines in the handbook and do the following, an analysis of performance and areas of improvement. Usually this is done twice or once a year, but if it is necessary...
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...The Employment-At-Will Doctrine Employment-at-will refers to American Law's doctrine that defines an employment relationship in which employer or employee can right away terminate the employment relationship at any time with or without any notice. Also, no subsequent liability is considered, 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. Any hiring in the United States is presumed to "at will" which means that an employer is free to fire an employee for bad or good cause or no cause at all while the employee is free to strike, quit or cease working (Gibson & Lindley, 2010). There are some pertinent exceptions to the doctrine...
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