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 the year 2000 by the Supreme Court, an employer has the right to terminate an employee at will for a reason or no reason at all. The employer further may act inconsistently or arbitrarily without providing prior information or warning (Muhl, 2001). This means that the mere existence of an employment contract affords no protective measures by law that employment will end on particular conditions or will continue. This, however, may be so in a case where the employer and the employee have adopted such conditions.
Legal Grounds for Firing Employees
The employment at will status remains the same except in some situations where alteration is necessary in writing by the company's chief executive. Any alterations to the employment at will status need an acknowledgement sign from the employee in question. As a chief operation officer for a company John's criticism on a customer, does not warrant his dismissal. There are exceptions to the dismissal of employees under the public policy, federal or state statutes. This can relate to retaliating against an employee for performing that which complies with the public policy, or in some cases dismissal of employees for refusing to perform an act that is contrary to public policy. There are states, which protects employee interest, for example, the state of Alabama, Louisiana, New York and Florida (summers, 2000).
John has a right to criticize the customer since he has a right to express his feelings. Another exception to the employment at will is implied contracts of employment. Implied contracts of employment are an exception to the employment- at-will. Under this exception, an employer may not fire an employee if an implied contract agreement is present. The problem with this scenario is that it will be difficult for one to prove the implied terms since implied contracts are not in writing. It is the burden of the fired employee to prove that...
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
On February 15, 2012, the DOL published a Notice of Proposed Rulemaking in the Federal Register to integrate the changes commanded by the amendment. On June 22, 2010, the DOL in an Administrator's Interpretation clarified the definition of son and daughter under the Family and Medical Leave Act to make sure that a worker who takes on the role of caring for a child receives parental rights to family
Employment Compliance Employment law for a limousine service in Austin, Texas with 25 employees would consist of the American with Disabilities Act, Fair Labor Standards Act of 1938, Equal Opportunity Law, OSHA, and Unemployment Benefits Law. The Americans with Disabilities Act requires employers to make reasonable accommodations for disabled individuals. The Fair Labor Standards Act set minimum wage and overtime requirements. Equal Opportunity Law prohibits discrimination and sets standards for equal
Employment laws encompasses various laws, administrative means and precedents that describe the rights of people who are working in an organization and also restrictions between an employer and employee relationship. According to Blog 2006, these laws are vital as they help the government in achieving its goal of ensuring that the rights of its citizens are well observed. The laws are laid down to prevent employees from being mistreated by
Employment Law Compliance Plan Atwood and Allen Counsulting The Payday Law of Texas The Compensation Act of Workers of Texas The Minimum Wage Law of Texas The Law of Texas on Employment Discrimination The Employment Law Compliance Plan Claims of disability, age, sex and race discrimination and employment discrimination litigation are the factors included in employment laws. From hiring through termination, in all aspects of the employment relationship the counseling of employers is another large component which
Employment Law Case One: A. Ms. Riyadh is employed as an account executive with ABC Advertising ("ABC"). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. Riyadh began working with ABC as a summer intern during her senior year in business school, and was hired
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now