Preview

Employment At Will Doctrine Case Analysis

Powerful Essays
Open Document
Open Document
1753 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employment At Will Doctrine Case Analysis
Employment-At-Will Doctrine
Professor Thomas Demko, Strayer University
LEG500, Assignment 1
October 30, 2013

Assignment 1: Summary of Employment-At-Will Doctrine The famous philosopher James Allen inspired the society by his writings satisfactory performance to be rewarded with job security, in early 20th century. The US courts regarded relationship of employer and employee as being on equal footing for bargaining power. However, jobs were terminated for any reason by either parties and that eventually resulted in employees forming a union in the 60s. The union requirement for “just cause” and procedures for arbitrating wrongful discharge seeded first legislative protections, which are described below. Public policy, created by the court in the late 20th century for establishing a balance between employer’s interest in keeping business profitably, the employee’s interest in earning a livelihood, and society’s interest in maintaining public policies. The definition of public policy is varies from State to State, however most States let judges to declare it beyond their constitution. Implied contract, implication by hiring official or in handbooks that employment will continue as
…show more content…

As being responsible for successful operation of the company, I am most interested in running the business in consistent with public policy and discharging the employee for exercising her legal right or duty or by refusing to violate the law will be wrongful discharge. Moreover, that will severely damage the reputation of the company before IPO takes place, if she sues us. I will support the highly loyal employees and would ask CFO to help with resolution of the false expense report

You May Also Find These Documents Helpful

  • Powerful Essays

    Commonwealth vs. Hunt

    • 2089 Words
    • 9 Pages

    Taylor, Benjamin, and Witney, Fred. U.S. Labor Relations Law. Englewood Cliffs, NJ: Prentice Hall, 1992.…

    • 2089 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.…

    • 870 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. Most countries throughout the world allow employers to dismiss employees only for cause. Some reasons given for our retention of the at-will presumption include respect for freedom of contract, employer deference, and the belief that both employers and employees favor an at-will employment relationship over job security.…

    • 2523 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    Public policies can be implemented by administrative agencies in the executive branch. Implementation can be through tax breaks, some form of punishment through fines or restrictions, or by appealing to people’s positive instincts to be helpful and do their duty as a citizen.…

    • 372 Words
    • 2 Pages
    Satisfactory 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
  • Powerful Essays

    Data protection Act 1999- this act covers all information about the individuals by an employer. This means it controls all personal information used by an organisation, government or business and anyone who is in charge of keeping data's must abide by the data protection principle (Anon., n.d.). This principle covers but computerised and manual records.…

    • 1270 Words
    • 5 Pages
    Powerful 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
  • Good Essays

    Policy is the term used to describe as a principle or rule used to inform decision making within organisations, so that they are able to achieve a rational or desirable outcome. Policy differs from legislation as it guides actions, but cannot compel or prohibit behaviours.…

    • 1050 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Employment at Will

    • 2217 Words
    • 12 Pages

    Either the employee or the employer may terminate the employment relationship, at any time and for any reason, except a reason specifically prohibited (illegal) under state or federal law. 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 at all ( Rosenthal,1999, p.16). The employment at will doctrine provides that both the employer and the employee can end the employment relationship at any time without notice or reason.…

    • 2217 Words
    • 12 Pages
    Powerful 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

    that she is “a good worker and a genius” and argues that her boss does not “appreciate her”.…

    • 1705 Words
    • 7 Pages
    Better 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
  • Better Essays

    A Cording to the Oxford dictionary (2010) a policy is ‘a course of actions, as of a government, political, or business, intended to influence and determine decisions, actions, and other…

    • 3598 Words
    • 15 Pages
    Better Essays
  • Good Essays

    In the working world today there may be some who believe that common sense and compassion in the workplace leave no need for litigation. Some may feel as if morale is all that is needed to protect employers and employees of organizations. This is not the case by far. Although it is expected for employees in most environments to have compassion, common sense, and morale, not all employees turn out to be who they were expected to be. Litigation does replace common sense and compassion in the working world today. This is why regulations have been put in place by the U.S. Department of Labor, The U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990. Regulations have been put in place to protect both employees and employers from being fired or mistreated for discriminative reasons or from lawsuits. Laws regarding the proper treatment of employees must be legally enforced and without enforcement there will always be someone to break the law.…

    • 742 Words
    • 3 Pages
    Good Essays
  • Good Essays

    One would think that the employee selection process would be simple, but it is not. Two cases will demonstrate what is not, and what the correct way to approach a hiring situation is. There are specific ways to handle each situation that will minimize the risk to the company during the selection process. These alternative solutions will prevent the companies from ending up in court for discrimination in the hiring process.…

    • 685 Words
    • 3 Pages
    Good Essays

Related Topics