Preview

Employment-At-Will Doctrine And Evaluating Eight Scenarios

Better Essays
Open Document
Open Document
1663 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employment-At-Will Doctrine And Evaluating Eight Scenarios
Employment-At-Will Doctrine
ME ME
Legal 500
Professor Grey
May 4, 2014

Abstract
This paper will summarize the employment-at-will doctrine and evaluate eight (8) scenarios. In the scenarios, I will determine whether the employee can be fired for certain actions and what action should be taken to limit liability on operations. I will specify each theory that best supports my decision. I will also decide whether or not to adopt a whistleblower policy. I will also include three (3) fundamental items that should be included in the policy.

Employment-At-Will Doctrine The Employment-At-Will Doctrine is a law in certain states that basically means employers can fire employees for no reason at all. “Employment-At-Will gives employers broad discretion to fire employees “for a good reason, a bad reason, or no reason at all””(Halbert & Inguilli, 2012). There are certain exceptions to this rule, which will be discussed later in this paper. “An at-will employee can be fired at any time, for any reason (except for a few illegal reasons, spelled out below). If the employer decides to let you go, that 's the end of your job--and you have
…show more content…
The three fundamental items I would include in my police are: clarity, confidentiality and common goals. Clarity should consist of a written whistleblower policy that should be communicated to the organization. It should clarify what will be not be tolerated by any of its employees. It should state how complaints should be handled. Confidentiality consists of encouraging employees to participate and informing them it will be on a confidential basis. The employees should know there will be no retaliation for submitting a complaint. Common goals consists of informing the employees that the policy applies to all employed at the company (Greenfield,

You May Also Find These Documents Helpful

  • Good Essays

    They need to have a plan for if whistleblowing actually occurs. Managers must have a plan to minimize the possible damage to the company. Managers must listen to the complaints with respect. This is a time to gather information and build a better working relationship with the employee. Managers must respond quickly and in a manner that satisfies the employee. Ignoring the problem and hoping it will go away will only make it worse. Managers must address the issue and ensure the employee that they are taking their concerns…

    • 717 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention.…

    • 870 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Chap 21 outline law

    • 1140 Words
    • 5 Pages

    B. Under the employment-at-will doctrine, as mentioned an employer may hire and fire employees at will (regardless of the employees’ performance) without liability, unless the decision violates the terms of an employment contract or statuary law.…

    • 1140 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention.…

    • 2523 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    References: Muhl, J. (2001) The employment-at-will doctrine: three major exceptions Retrieved April 13, 2012 from findarticles.com/p/articles/mi_m1153/is_1_124/ai_71704724…

    • 1254 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    The FMLA is intended to assist employee stability his or her family and work responsibilities by allowing the employee to take logical unsettled paid leave for specified medical and family reasons. The FMLA looks to contain the lawful safety of employers and support the equal employment opportunity for women and men.…

    • 1170 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The at-will agreements allow employers ease of hiring as well as firing. For any employee who is underperforming, they are bound to face the sack, which may qualify them for unemployment insurance if there lacks a paper trail of disciplinary action. Conversely, employees can be terminated for no good reason or any virtually any reason. The longevity of one’s contract may depend on the mood of the supervisor. As such, employees can never be 100 percent of their job security. In most cases, workers may devise a plan for side incomes, which robs the organization of productivity. The ruling in Montgomery County Hospital Dist. v. Brown (1998) provided that an employer's general oral assurances that an worker would not be terminated without good cause does not modify the employee's at-will status, absent a definite stated intent to be bound not to terminate the employee except under…

    • 465 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Pad 500

    • 504 Words
    • 3 Pages

    The employment-at-will doctrine states that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause. The employment-at-will doctrine also states that an employee is hired based on his/her will and may choose to leave at any time after post-employment. The same applies to the employers in the sense that they can fire her for good cause, bad cause or no cause. The employer does not hold any legal liability as long as no contract was signed upon employment. There is an exception that states that an employer may not terminate the employee if public policy supports the employee. In this case where this employee is not protected under public policy and since she cannot perform her duties, she should be fired. The second exception to the will is an implied contract, which is a verbal agreement between the two parties.…

    • 504 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    example, a Texas court recently found that an employee’s at-will status was modified and an…

    • 881 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Employment Law Midterm

    • 1230 Words
    • 5 Pages

    1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law.…

    • 1230 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Employment at Will

    • 1705 Words
    • 7 Pages

    not performing their job successfully. At-will also means that an employer can change the terms…

    • 1705 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    WK 1 Quiz

    • 388 Words
    • 2 Pages

    In the United States, employees have broad protections against arbitrary dismissal such that employers must provide a good, business related reason for firing someone.…

    • 388 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Employment at Will

    • 1581 Words
    • 7 Pages

    Roehling, M., & Boswel, l. W. (2012). “Good Cause Beliefs” in an “At-Will World”? Employee Responsibilities & Rights Journal , 211-231.…

    • 1581 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Employment at will paper

    • 913 Words
    • 3 Pages

    This week the class force of three topics and how they applied within an organization. Employment at will, Independent Contractor or employee, and disparate treatment and disparate Impact. Each one of these topics helps make an organization run smoothly.…

    • 913 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Law you can look into law and by different people the definition is voiced differently put law into a form it is rules made up were accidents and catastrophes of all kids are happening is where the rules come from that which everyone must obeyed and followed by citizens, subject to sanctions or legal consequences; the body of rules of actions or conduct prescribed by the controlling government and having binding legal force. Ethics the set of moral principles of values the conduct of an individual or a group. Ethics as for as everyday value in someone their life styles their careers the way you were raised. You conduct yourself in public with good moral ethics. And here are your ethics lows shall we call it. There are support to be your ethics for living and the rules of laws you obey then the ethics and law for business. The rule of law and the rule of ethics and the business ethics and laws sometimes demand the same response by a person or a group confronted with a problem or problems. Your business ethics re ones that intertwine with the law more so than any. Your business or some of the people let the power become grid and they use bad judgment about things and do things that are not ethical and break the law. Like with the pyramid schemes there were so many ethics rules and laws broken. Like the trust people put in the investor with their money and their family and friends that loses their…

    • 583 Words
    • 3 Pages
    Satisfactory Essays