Preview

Georgia Employment-At-Will Case Study

Better Essays
Open Document
Open Document
1143 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Georgia Employment-At-Will Case Study
Question # 1- Summarize the employment-at-will doctrine
According to the employment-at-will doctrine, all employees have the right to quit their position for whatever reasons and, on the other hand, employers have the right to terminate their employees for whatever reason (Halbert & Ingulli, 2012, p.49). The State of Georgia is considered to be a work to right state, meaning that employees have the right to leave their position without giving out a notice. Employers can eliminate an employee from a position without giving a notice according to Georgia law (Reuters, 2014).
Question # 2- John posted a rant on his Facebook page in which he criticized the company’s most important customer.
According to the Employment-at-will doctrine an employers can terminate their employees for any reason, however there are three exception to the rules. They are public-policy exception, implied-contract exception, and covenant-of-good-faith exception.
Public - policy exception to employment at will is applicable when an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhi, 2001).
Implied – contract exception is formed between an employer and employee, even though not expressed, written instrument
…show more content…
However, as Georgia is a work to right state, I can refuse to terminate his secretary on the grounds of Covenant-of-good-faith exception and fair dealing which represents the most significant departure from the traditional employment-at-will doctrine. It has been interpreted to mean either that employer’s personnel decisions are subject to a “just cause” standard or that terminations made in bad faith or motivated by malice are prohibited (Muhi, 2001). The supervisor’s secretary will keep her position in the company and I will terminate the supervisor for stealing from the company and making false expense

You May Also Find These Documents Helpful

  • Good Essays

    Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant Closing Act Is exempt from notification of lay off for reasons unforeseeable at the time of notification—this does not appear to be the case in Pats situation (Cheeseman, 2010). In NewCorp’ s defense, the company could consider the employment agreement to be a voidable contract with NewCorp having the option to avoid their contractual obligations, which although Pat suffered a loss from the termination of employment, would be personally liable for any decisions or financial ramifications…

    • 710 Words
    • 3 Pages
    Good Essays
  • Good Essays

    There are some exceptions where employees cannot be fired even if they are at-will employees. One exception is a statutory exception. A statutory exception says an employer can't fire an employee that is a member of a labor union if their firing is in violation of labor laws or collective bargaining agreements. Another exception is an implied-in-fact contract. An implied-in-fact says that if the company states in a handbook, on a bulletin board or other means that an employee cannot be fired if they perform their job properly. A public policy exception states that an employee cannot be fired if it violates public policy. An employee cannot be fired for serving in jury duty, or refusing to break a law. Another exception is a tort exception. A tort exception says an employee can sue an employer…

    • 454 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Ms. Granbury can claim illegal discharge through citing breach of an implied contract. The handbook lists a number of grounds on which an employees’ employment may be terminated. It…

    • 1906 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Chap 21 outline law

    • 1140 Words
    • 5 Pages

    E. Exceptions Based on Public Policy-Most often, a common law exception to the employment-at-will doctrine is made on the basis of public policy.…

    • 1140 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    At-will means that an employer can terminate an employee at any time for any reason (except an illegal one), or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.…

    • 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

    Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:…

    • 2104 Words
    • 9 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

    this. No individual supervisor, manager or officer can make a contrary agreement, except for the…

    • 881 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Employment at Will

    • 2217 Words
    • 12 Pages

    Releasing employees from their work duties without a practical reason is becoming very common in society today. Some employers have dismissed their employees because the Employment at-will clause states that employers can terminate at any…

    • 2217 Words
    • 12 Pages
    Powerful Essays
  • Better Essays

    Employment at Will

    • 1705 Words
    • 7 Pages

    of the employment relationship with no notice and no concerns. To illustrate, an employer can…

    • 1705 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    2) In the US, the historical notion of “employment at will” allowed either employee or employer to break relationship with no liability as long as no autonomous employment contract exists and workers are not represented by a collective bargaining unit. In Canada, employers may terminate employment with no reason as long as there’s reasonable notice. In return, the worker is allowed to quit, strike, or leave the job without penalty, provided they align with appropriate legislation.…

    • 4755 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    Assigment 1

    • 1804 Words
    • 8 Pages

    Employment at will also means that an employee may resign his post, for any reason, at any time. Exceptions to the law of employment at will is whether the employer has promised the employee a certain amount of work, even if there is a written contract. For example, if an employer speaks with a worker before it starts to work, and promises at least two weeks of work at strawberries fields, and then dismissed after only one week of work, it may be unlawful dismissal.…

    • 1804 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Drake and Keeler employer could argue the employment-at-will law was the reason for their discharge. According to Lisa Guerin, if Drake and Keeler are employed as at-will employees, then his or her employer does not need to have a good cause to fire him or her. In fact, if Drake and Keeler employer did not make it clear as to what kind of employee he or she was, then according to the law he or she is presumed to be hired as at-will. The only way Drake and Keeler can avoid being an at-will employee, is by proving otherwise, with documentation that he or she isn’t at-will. Unfortunately, the employer can have the at-will clause written among the company’s policies, in the company’s handbooks, or some other type of employment related documentation…

    • 538 Words
    • 3 Pages
    Good Essays

Related Topics