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Employment-at-will doctrine is a term used in the labor law referring to a contractual relationship where an employer can dismiss an employee for any reason and without a warning. When a worker is recognized as being hired based on the employment-at-will doctrine, the court does not grant the employee any claim for loss associated with the dismissal. This rule has been justified by the fact that employees may similarly leave a job without giving a reason or warning (Miller & Cross, 2010). In fact, the employer has the authority to dismiss a person for any bad or good cause or even no cause. Similarly, the employee is also at will to cease work, strike or quit. For an employee to challenge a dismissal successfully, the victim must have established that his status was not at will or the dismissal was wrongful. If employers enter into a formal employment, contract with employees or the union representing employees, it must be specified in the contract the situations that can cause the termination and the length of the contract relationship. Given either party attempts to end the employment relationship by violating the contractual terms, this situation will lead to the emergence of a breach of contract.
Actions I will take to limit liability and impact on operations
I have learnt that public policy limitation can be a source of problems to the operations of the business. Therefore, I will be obliged to deal in good faith and fairly with the employee. For instance, in this case, I will call for dismissal of the employee on the ground that he engaged in illegal activities without informing relevant authorities. However, this must be done with much caution as the employee can add emotional and mental stress claims for punitive damages to their emotional or physical tolls he suffered after being fired. I would modify the employment-at-will doctrine according to the contract of the employee. For instance, the employee's contract allows dismissal for cause only (Miller & Cross, 2010). Typically, the company negotiates individual employment agreements with top executives....
According to collective bargaining, the employee can be terminated for cause. The causes may include reasons like employee misconduct and poor employee performance. In this case, the employment contract has outlined the employee actions or situations, which would lead to termination for cause.
Over the years, the Supreme Court has carved employment-at-will exceptions to mitigate harsh consequences. The major exceptions include the implied contract, public policy and implied agreement of good faith. The employment-at-will doctrine is powerful. It will be impossible for this employee to prove that his circumstances fall under one of these exceptions. In this case, it will be inappropriate to fire the employee, as he did not know that the terms of contract existed. Later, the employee is likely to sue the company for violating the terms of the contract, which the employer never knew existed. This is referred to as implied employment. The court will side with the fired employee on the ground that the employer broke a promise by terminating the employment (Cross, Miller & Cross, 2009). Even though the company did not intend to enter into a contract with the employee, an implied contract will be held. Since the employee will shift this burden to the organization to show the termination as for cause, the court has constricted the unlimited freedom to dismiss an employee at any time. Someone can take a position on whether or not would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy
A whistleblower policy covers situations where a person raises alarm about a malpractice, risk of wrongdoings, which can affect the entire organization in terms of public interest, suppliers, employees, or customers. I would recommend to the CEO to consider a whistleblower due to legal and ethical imperatives, which compel this organization to develop the policy. The discussion below explains why the whistle blowing policy is advisable.
Legal perspective: the legal patterns in the country make a whistleblower policy…
References
Cross, F.B., Miller, R.L.R., & Cross, F.B. (2009). The legal environment of business: Text and cases: ethical, regulatory, global, and e-commerce issues. Mason, OH: South-Western Cengage Learning.
Miller, R.L.R., & Cross, F.B. (2010). The legal environment today: Business in its ethical, regulatory, e-commerce, and global setting. Mason, OH: South-Western Cengage Learning.
Employment at Will Doctrine At-will employment is actually American Law's doctrine. It states that in the employment relationship, any of the parties involved can break the relationship anytime without any reliability. But only under the condition if no contract was signed regarding the definite term of the employment relationship. There is a whole set of doctrine which maintains and regulates such type of corporate associations. (C, 1996, pp. 375-376) As a matter
Employment at Will Policy: Exceptions to the Rule The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a
Employment-at-Will Doctrine A lot of controversy surrounds the question of whether California is still an at-will state given all the exceptions it has made to the doctrine over the last few decades. Simply stated, the employment-at-will doctrine is a Common Law concept that gives employers and employees the right to terminate an employment contract at any time, with or without just cause. This basically implies that an employer can fire
Employment-at-will doctrine is a law that requires both the employer and the employee to either enter into a contract of employment willfully or terminate such a contract willfully. Under this law, an employer may employ an employee if the employer is willing to employ specific employees willing to accept the job under the given terms and conditions. Moreover, this doctrine allows the employer to terminate the employment contract of an
Employment-at-Will Doctrine Whistleblower policy Employment-at-will is where; an employee employment contract depends on the will of the employer. This means that the employer is free to discharge or fire an employee at his own will. The employer for a "good cause," at no cause at all or bad cause may fire an employee. An employee on the other hand, is free to cease work, quit or strike. In a decision made in
This is when the risks for her will increase, which could have an effect on her ability to find employment in the future. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011) What preventive measures should the employer have in place in order to reduce any risk or liability on its part? The best approach is for the firm, is to have clear disciplinary