Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … Chris, have looked at your concerns and after some careful research I feel confident that the answers I am giving you are correct. Please let me know if there is anything else I can do to assist you in this matter.
Regarding the first concern: Whether you can fire people without notice. This state is what is commonly referred to as an "At will" state. In simple terms this means one can be fired at any time for just about any reason. It has been shown in courtrooms across the nation that employers are in fact often liable for statements or actions taken by their employees. An employee who causes harm to another and is acting as an agent for the company, could cost the company significant funds in the event a law suit occurred (Tammelleo, 2004).
The only exceptions to the at will status of an employee include statements in an employee handbook, spoken statements and oral promises that are made during interviews and written contracts. All of these instances prevent the at will termination of an employee because the agreement was made and must be adhered too.
The significance of an implied contract exception to the at-will doctrine has been minimized in recent years, however, because of employers' attempts to state clearly, usually in the contract if there is one as well as in a prominent location in the employee handbook, that the employment relationship is an at-will relationship (Ballam, 2000)."
There is a difference between employment contracts and at will employment. A contract spells out the job offer, description, duties, compensation and allowable reasons for termination. At will employment allows for the termination of the position by either party for any reason at any time.
Regarding temporary or contract employees I would caution…
References
Employment-at-will: the impending death of a doctrine.
American Business Law Journal; 6/22/2000; Ballam, Deborah A.
There are exceptions to the 'employment at-will' doctrine.(Hospital Law Case of the Month)(Katherine Burns v. Universal Health Services, Inc.)
Hospital Law's Regan Report; 11/1/2004; Tammelleo, A. David
Constructive Discharge Memo: Constructive Discharge under Title VII of the Civil Rights Act of 1964 Chief Executive Officer Company Executive and Board of Staff Response to the accusation of Constructive discharge filed against this company I am writing this Memorandum to advise your office on the way forward in relation to the issue of constructive discharge filed against this company. As you know, an employee of this company has claimed that the recent changes in
Tax Liability Opening: This memo concerns the income tax questions for John and Jane Smith, a married couple. John is a lawyer and has questions regarding income to his firm, investment in office space, and overall preparation techniques. Jan has questions regarding business related activities, real estate investments, business expenses, and business investments. John Smith How is the $300,000 treated for purposes of Federal Tax income? Under 26 U.S.C. Section 1402, "The term "net
Little Lamb Company Regarding our recent discussion about potential legal issues which might arise regarding Mary's termination, it must be concluded that, based on the evidence, Mary is clearly an independent contractor. Independent contractors may be distinguished from standard employees based upon the following criteria: An independent contractor is contracted on a by-project basis, versus having a permanent position at the workplace and his or her employment is largely determined upon
Public International Law Memorandum for preparation for next year's negotiations for the Conference of the Parties (COP) President XI Jinping of China Preparation for next year's negotiations for the Conference of the Parties (COP) Climate Change - Carbon Emissions Climate change poses one of the most difficult questions to the world today. Cities continue to be the main contributors of this challenge. Most of the greenhouse gases are produced by industries, motorized conveyance, domestic fuel,
Interclean Memo Your Managerial and Leadership Role in Merger with EnviroTech Management Team With the merger completed with EnviroTech, I wanted to take this opportunity to remind our team how we can be a strong catalyst of continued growth of the combined companies, concentrating on making the most of our shared expertise. For our combined companies to excel, each of you will need to take accountability and responsibility for making the transition as
CEO Memo U.R. My Boss, VP Xytox Corporation C.Y. Ay, Manager HR Compliance RE: Potential HR Issue We have a potential Human Reousrce situation that needs both documented and attention. I am writing with the relevant facts, as well as a recommended course of action. Please let me know if I may provide more information so we may discuss. The situation revolves around our Director of Marketing Research, Art Margulis. Margulis has been with our firm