This website uses cookies to ensure you have the best experience. Learn more

Employee At Will Doctrine Essay

1708 words - 7 pages

Employment At-Will Doctrine
The legal doctrine called at-will clearly states 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.  It also means that an employer can change the terms of the employment relationship with no notice and no consequences.  “For example, an employer can alter wages, terminate benefits, or reduce paid time off.  In its unadulterated form, the U.S. at-will rule leaves employees vulnerable to arbitrary and sudden dismissal, a limited or on-call work schedule depending on the employer’s needs, and unannounced cuts in pay and benefits (Boone, 2012).” 
Listed below are a few ...view middle of the document...

(c) This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee´s expected absence or delay in reporting to work in order to attend a judicial proceeding (State of GA, 2013).”
II. The secretaries in the accounting department decided to dress in black-and-white stripes to protest a memo announcing that the company has installed key logger software on all company computers.
An employer does not have the right to discriminate against an article of clothing worn by the employee unless dress code violates company policy. For example, if company policy states that a certain uniform is to be worn then employee must abide by these guidelines and not deviate. The secretarial protest is not verbal but based on a certain color being worn to work. The 2013 fall fashion magazines have supermodels sporting black and white stripes, these colors are in for this time of season.
III. One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss.
Insubordination is a refusal to carry out orders given by a superior and there are several characteristics that must be present before a situation can be considered insubordination. The first is that the order must clearly be an order, in the form of a verbal or written statement that includes some variation on the phrase this is an order but the order must be proper and cannot violate the employee's contract or the law. If an order is not proper and violates the law, the employee is under no obligation to carry it out. The supervisor then would have an obligation to report this information to a higher authority or risk losing his or her job for withholding information that could violate company policy.
IV. John posted a rant on his Facebook page in which he criticized the company’s most important customer.
V. After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.
VI. Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting.
VII. Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two years and portraying her bosses as “know-nothings” and “out-of-touch.”
VIII. Bill has been using his company-issued BlackBerry to run his own business on the side.
“Private sector employees have common law privacy rights which are enforced through tort claims based on invasion of privacy theories. The most applicable theory to employer-monitoring of electronic communications is...

Other assignments on Employee At-Will Doctrine

Leg 500 Essay

518 words - 3 pages scandals beginning with Enron IV. discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws Correct Answer: | I and II | Question 7 Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for: I. wearing a shirt that clashes with her suit II. any non-discriminatory reason III

Employee Relations Essay

1603 words - 7 pages employees at my organization as the VP of HR would receive the required education upon hire and annually thereafter of the following performance outline. 1. Re-education- Re-education would be provided to the employee as a counseling process for the employee to understand what was completed and to also understand that any further occurrence will require disciplinary action. Feedback would be obtained from the employee to identify any training

Performance Management Systems

886 words - 4 pages Performance Management Systems Managing employee performance is essential for employers. The process is to help establish a motivated workforce that understands what needs to be achieved at the organizational level. Performance management is about aligning the organization and employee’s skills, competency, and development plans with an emphasis on improvement, learning, and development so that the business strategy involves creating a high

Army Physical Fitness

524 words - 3 pages effectively upon arriving at the area of combat; to drive fast-moving tanks and motor vehicles over rough terrain; to assault and run and crawl for long distances; to jump in and out of craters, and trenches, and over obstacles; to lift and carry heavy objects; to keep going for many hours without sleep or rest—all these activities of warfare and many others require superb physical conditioning. All Army training is based on the principle “Train

Law Of Business Association

1019 words - 5 pages LST2LBA: Law of Business Association Semester 3- 2012 Student’s Name: Wu Tingting Student’s ID: wuttd101 QUESTION 1 Legal Issue: 1. Whether Toan has eligible to bid at this auction 2. At this auction. Toan represent company or individual 3. whether Toan has breach of the government’s policy and laws containing that policy Relevant Rules of Law No matter how many shareholder exist in

Maslow

617 words - 3 pages prevent dissatisfaction. The motivational factors are the ones which will improve employee performance to their highest levels. Hygiene factors are based on the need to for a business to avoid unpleasantness at work. If these factors are considered inadequate by employees, then they can cause dissatisfaction with work (http://tutor2u.net/business/people/motivation_theory_herzberg.asp). Flight 001 meets most of Herzberg’s hygiene factors. The

The Maker And His Masterpiece

871 words - 4 pages The Maker and His Masterpiece Bailey Campbell August 24, 2014 Honors English IV What is the Doctrine of Creation and what is the full meaning of this important document? The Doctrine of Creation are guidelines and the background of how God intended to create the earth and how He created us to be rulers. Knowing why God did what He did makes the worldly sense of creation easier to understand and also easier to know that to Him, we were

New Venture Creation

437 words - 2 pages New Venteru Management 1B Motivation Motivation employees is an important skills for supervisors manaagaers and business owners to supervisors, managers, and business owners to have when developing motivation plan, it is important to reorganise the individual different among employees and realize that not all motivation techniques will work for everyone. Each employee must be evaluated to determine what motivates them the most, employees are

Wgu Jdt2 Task 1

1714 words - 7 pages . Merely speaking even having a boss or coworkers who are bullies is not even enough to prove a hostile work environment. This is based on the employment at will doctrine (Gallagher), and all states except Montana are employment at will states (How To Win a Wrongful Termination Suit). All that said, if the employer does not reasonably accommodate an employee’s request for religious observance, the burden of proof falls on the employer to prove

Employee Recognition

1645 words - 7 pages organization may have. Having the chamber staff develop the program will provide ownership and a catered approach to the program. Four, disclose how and what the program measures for the incentive/recognition of the employee. This will allow equal opportunity for all areas of employment. Each one of us at the chamber has a different role, we will have to determine based on each role how, and what will be determined in order to receive the incentive

Lit1 Task 2

1159 words - 5 pages healthcare benefits. This act would sufficiently allow the employee to return to work at the same job, or similar paying job than they had when they left, while being able to help their family in times of crisis Given the facts and the situation of this case, we have a company, Company X, that has been in business for two years and has over 50 employees, and this situation assumes that has had this many employees for at least 20 work weeks and the

Similar Documents

Student Essay

1588 words - 7 pages employment at will legal rule. The employment at will is a legal rule that was developed, giving employers the power to dismiss their employees at will for good cause. (Halbert and Ingulli, 2010) If, an employer has treated this employee fair and has been consistent with the employee, the employee at will doctrine should be implemented. Employees not meeting the standards of the job tend to pull others down around them, which ultimately interferes with

At Will Employment Essay

4012 words - 17 pages . It is easy under the at-will doctrine to rid the company of the supposed problem; therefore, Dannin’s assertion is incorrectly assuming that employees fired for “no reason” are all good employees. However, a problematic part of the policy is that the employee may not understand the issue and blame the termination on any number of other factors.  This brings about lawsuits by employees who feel their dismissal was for some discriminatory or

At Will Essay

468 words - 2 pages . She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”. 3. Describe what steps you would take to address the following scenario involving labor and laws: • The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is

Legal Issues In Reduction Of Workforce

1661 words - 7 pages trend that could lead to some type of broad, legally guaranteed job security” (Reed et al, 2005, P.417). The regulatory circumstance that would affect the decision to terminate these employees would be the employment at will doctrine. The at will doctrine states: “unless employees contracted for a definite period of employment (such as for one year), employers were able to discharge them without cause at any time” (Reed et al, 2005, P. 416). Four