Employment - At Will Doctrine
Law and Ethics in the Business Environment
Terry Halbert | Elaine Inguli
Strayer University
Employment –At – Will Doctrine
Alicia Marie Bing
Law, Ethics & Corporate Governance – LEG 500
Dr. Demetrius Abraham
26 January 2014
TABLE OF CONTENTS
Title Page i Certification of Authorship ii
I. Abstract 5
II. Summarization: Employment-At-Will Doctrine 6
II a. Allowable Exceptions to Legally Fire 6
II b. Decision and Reasoning to Limit Liability and Impact Operations 7
III. Position Recommendation; Pros and Cons of Whistle blower Policy 9
IV. Fundamentals and Rationale of a Whistle Blower Policy 10
V. References 12
Abstract
In legal terms, during the later portion of the nineteenth century, “at will” termination, whether initiated by employer or employee, came into focus in the United States. Simply because a person desires to disassociate oneself with the business, whatever it is, for whatever reason, whenever one chooses, is fine and acceptable. This doctrine exists because it is presumed to exhibit and respect freedom from contract. It applies to the all of “U.S” except the state of Montana primarily because of the belief that employee and employer prefers employment relationship to be “At Will” instead of job security (NCSL, 2014).
“In the following pages I offer nothing more than simple facts, plain arguments and common sense; and have no other preliminaries to settle with the reader, other than that he will divest himself of prejudice and prepossession, and suffer his reason and his feelings to determine for themselves; that he will put on, or rather that he will not put off, the true character of a man, and generously enlarge his views beyond the present day—Thomas Paine, Common Sense” (Paine, 1779), (Grote, 1995). In other words we can debate claims and
Terry Halbert | Elaine Inguli
Strayer University
Employment –At – Will Doctrine
Alicia Marie Bing
Law, Ethics & Corporate Governance – LEG 500
Dr. Demetrius Abraham
26 January 2014
TABLE OF CONTENTS
Title Page i Certification of Authorship ii
I. Abstract 5
II. Summarization: Employment-At-Will Doctrine 6
II a. Allowable Exceptions to Legally Fire 6
II b. Decision and Reasoning to Limit Liability and Impact Operations 7
III. Position Recommendation; Pros and Cons of Whistle blower Policy 9
IV. Fundamentals and Rationale of a Whistle Blower Policy 10
V. References 12
Abstract
In legal terms, during the later portion of the nineteenth century, “at will” termination, whether initiated by employer or employee, came into focus in the United States. Simply because a person desires to disassociate oneself with the business, whatever it is, for whatever reason, whenever one chooses, is fine and acceptable. This doctrine exists because it is presumed to exhibit and respect freedom from contract. It applies to the all of “U.S” except the state of Montana primarily because of the belief that employee and employer prefers employment relationship to be “At Will” instead of job security (NCSL, 2014).
“In the following pages I offer nothing more than simple facts, plain arguments and common sense; and have no other preliminaries to settle with the reader, other than that he will divest himself of prejudice and prepossession, and suffer his reason and his feelings to determine for themselves; that he will put on, or rather that he will not put off, the true character of a man, and generously enlarge his views beyond the present day—Thomas Paine, Common Sense” (Paine, 1779), (Grote, 1995). In other words we can debate claims and
References: Halbert, T. & Ingulli, E., (2012). Law and Ethics in the Business Environment (7th ed.). Doi: www.cengage.com Friedman, M. (1970, September 13). The social responsibility of business is to increase its profits. New York Times, Retrieved from http://www.whistleblower.org/blog/42-2012/2012 25 January 2014 Deloitte (2012) Grote, R. C. (1995). Discipline without Punishment. AMACOM, American Management Association, New York, NY. ISBN 0-8144-0276-3 NCSL