Wrongful Discharge
Comment on the employment-at-will principle from both the employer's and the employee's perspective.
The Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers. At-will employers may terminate an employee whenever and for whatever reason they want, usually without consequence. Likewise, an employee may quit a job whenever and for whatever reason the employee gives, usually without consequence.
Which side, Majestic or Angelo, stands a better chance to prevail in this case? Explain your position fully.
Angelo stands a better chance to prevail in this case than does Majestic because of wrongful termination. Under "good faith and fair dealing" Angelo deserved to keep his job because had been a model employee who had helped the western region nearly double its revenues in four years. Further, the company under its agent Carson is guilty of retaliating against Angelo for refusing to do something contrary to sound morality, investing in Carson's personal business venture. Angelo's case is bolstered by changes in his quota and support as well as testimony by two peers that they had also been fired after refusing to invest in Carson's venture. And, Majestic is in a poor position to dispute these allegations because Carson is not available to testify.
3. How could Majestic prevent litigation of this type from occurring in the future. Explain fully.
Majestic should have had a policy that prohibited conducting personal business of any kind at the company as well as procedures for reporting violations. The company also needs to revisit its employee termination procedures. Angelo was dismissed in a two-minute meeting by an individual from the accounting department. There should have been a performance evaluation process in place that fully documented all issues and concerns from both parties and that clearly stipulated performance criteria and time frames for meeting them. Trained human resources professional and the company's legal department should have been involved in the process from the very beginning.
Bibliography
'Employment at Will." Available: http://jobsearchtech.about.com/od/laborlaws/l/aa092402.htm (Accessed 24 Apr. 2005).
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