At Will Employment Research Paper
AT-WILL EMPLOYMENT January 23
2013
Abstract:
Today, the majority of employees and managers in the private-sector workforce in the United States are employed at-will. Organizations who employ at-will employees can terminate its employees for any reason, provided that reason does not fall within the exceptions of the At-Will Doctrine. Certain circumstances can result in wrongful termination, and employees can sue their employer for damages and reinstatement. The purpose of this paper is to discuss the issues associated with at-will employment in the private sector and the rights of employees.
By: Letitia Haynes …show more content…
In this particular case, 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, despite the fact the employment relationship is not governed by a contract. Such oral and written representations to the employees may create a contract for employment. This exception is recognized in all but 12 states in the United …show more content…
In association with at-will employment, employers cannot terminate an employee who has requested or is employing the benefits of this Act. (William H. Holley, 2009, p. 319)
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against those over the age of 40, permits compulsory retirement for executives who are entitled to pensions of $44,000 per year or more, and authorizes jury trails in covered cases. What that means in relation to at-will employment is that an employer cannot terminate an employee who is closely approaching retirement in order to prevent that employee from enjoying the benefits that would normally be in tact if their services were not otherwise terminated.
Title VII, 42 U.S.C.A, §§ 2000e-2000e-17, is undoubtedly the most well-known of the statutory exceptions. (Employment At-Will in Pennsylvania: Don 't Have the Tables Turned Against You!) Title VII prevents termination on the basis of a person’s race, creed, color, sex, or national origin. In addition, it also precludes an employer for negatively retaliating against any employee who makes a claim under this
2013
Abstract:
Today, the majority of employees and managers in the private-sector workforce in the United States are employed at-will. Organizations who employ at-will employees can terminate its employees for any reason, provided that reason does not fall within the exceptions of the At-Will Doctrine. Certain circumstances can result in wrongful termination, and employees can sue their employer for damages and reinstatement. The purpose of this paper is to discuss the issues associated with at-will employment in the private sector and the rights of employees.
By: Letitia Haynes …show more content…
In this particular case, 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, despite the fact the employment relationship is not governed by a contract. Such oral and written representations to the employees may create a contract for employment. This exception is recognized in all but 12 states in the United …show more content…
In association with at-will employment, employers cannot terminate an employee who has requested or is employing the benefits of this Act. (William H. Holley, 2009, p. 319)
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against those over the age of 40, permits compulsory retirement for executives who are entitled to pensions of $44,000 per year or more, and authorizes jury trails in covered cases. What that means in relation to at-will employment is that an employer cannot terminate an employee who is closely approaching retirement in order to prevent that employee from enjoying the benefits that would normally be in tact if their services were not otherwise terminated.
Title VII, 42 U.S.C.A, §§ 2000e-2000e-17, is undoubtedly the most well-known of the statutory exceptions. (Employment At-Will in Pennsylvania: Don 't Have the Tables Turned Against You!) Title VII prevents termination on the basis of a person’s race, creed, color, sex, or national origin. In addition, it also precludes an employer for negatively retaliating against any employee who makes a claim under this