The Relationship between Little Lamb Company and Mary - Essay Example

Employment law is a law that stipulates what happens between an employer and an employee. This includes when a relationship between an employee and employer should be termed as a contract or employment. This law in United States also refers to how the relationship between the two parties should be terminated. The law requires that the two parties strictly adhere to the terms and conditions that have been put in place by the rule of law. This paper will look into various issues concerning Little Lamb Company and Mary who is a programmer. (Andria, 1987) Analysis of the situation concerning Little Lamb Company and Mary shows that there was no employment relationship at the beginning. At the beginning of the relationship, it is purely considered to be an independent contract. This is due to the fact that at the beginning of the relationship, Mary was hired just to accomplish the special project. This factor clearly indicates that it was an independent contract. There was also no evidence of written employment contract signed in this scenario. This is a requirement of any employment relationship according to the employment Act. Analysis of the employer employee relationship in America shows that various changes have taken place. One of the evident factors in this relationship is that employers no longer want to employ employees on a permanent basis. They prefer to employ employees on contract basis. This means that when the contract expires, it is renewed after consideration of various issues. (Chapman, 2000) This has been carried out by employers to avoid many financial commitments like payment of pensions and insurance. Another change that is evident in this relationship is the fact employers are more prone of dismissing employees even without a good cause. It has become very common for employers to break the employment contract they had with the employees. Employment at will is a relationship whereby any of the parties involved can nullify or break the relationship without having any liability. This is especially when there was no definite term contract. In most cases in this relationship the employer doesn’t belong to any trade union. (Chapman, 2000) In this relationship, an employer can hire and dismiss employees at will. The employees can actually be dismissed with or without a good reason. In the scenario concerning Little Lamb Company, Mary’s release was legal according to the doctrine of employment at will. The Company has the right to hire and fire with or without a good cause. (Muhl, 2001) Public policy is one of the exceptions of the rule concerning at will employment. Under this exception, the employee cannot be fired by the employer if this act violates the policy within the state. Analysis of the public policy shows that there are some states in United States that have public policy while others don’t. In fact forty two states usually have the provision of this exception. Eight states do not have this exception and they are Florida, Alabama, Louisiana, Nebraska, New York, Maine and Rhode Island. The scenario is not clear in relation to the state where the company is located. Therefore the case cannot be classified that there was a breach of public policy. If the company is found in the forty two states, this would be a breach of public policy. (Andria, 1987) Implied covenant of good faith and fair dealing does not totally agree with the policy of employment at will. According to the policy of good faith, any employment relationship should not be broken without considering various factors. According to implied covenant of fair dealing and good faith, a court normally considers whether there was a just reason for the employer to dismiss the employee. Whenever a covenant is implied, it means that that is not the reality. In the scenario concerning Little Lamb Company and Mary, there is an implied covenant by the supervisor. (Chapman, 2000) Initially Mary is asked to complete a special project on contract basis. When further need arises in this company, she is asked to continue working on another new project. It is very clear that Mary is faithful in carrying out the responsibilities assigned to her. It is also quite evident that Mary carries out her work professionally. The supervisor even requires her to use the company’s materials while adhering to the work schedules within the company. This fact shows that there is an implied covenant of good faith. Mary is later asked to leave due tough economic conditions within the Company. When the Company later needs the services of a programmer, the supervisor does not give Mary the opportunity. (Muhl, 2001) Bearing in mind that Mary had worked faithfully for the organisation, it was expected that she would be given the first priority over other candidates. This is considering that she was familiar with the Company’s working schedules. Little Lamb’s Company supervisor decides to hire his cousin who is equally qualified. The fact that the hired cousin is qualified is a positive factor. Analysis of this whole scenario shows that there was a breach of implied covenant of fair dealing and good faith. In this case, the hiring was carried out unfairly and it was not in good faith. One of the factors that are also an exception to employment at will is the implied contract. In accordance to an implied contract, an employer cannot just dismiss the employee. In this case, there has to be a very good reason for an employee to be fired. This is usually the case even if there are no binding or written documents that prove that there is an employment relationship. Analysis of implied contract scenarios shows that it is normally difficult to prove the employment relationship. In such a case there is normally a very specific process that has to be followed in order for the employee to be fired. (Andria, 1987) Therefore a breach of contract only occurs where an implied covenant has been violated upon firing of an employee. In the scenario concerning Little Lamb Company and Mary, there was no breach of implied contract. This is considering that Mary was fired due to a very justified cause. She was fired because of harsh economic conditions within the organisation. (Muhl, 2001) In conclusion, at the start of the relationship between Little Lamb Company and Mary, there was no employment contract. Mary was an independent contractor since she was just to accomplish a special project. Mary’s release was legal under the employment at will doctrine. According to employment at will, the employer has the right to hire and fire with or without a good cause. This is considering the fact that there were no definite contract terms. There was no breach of public policy. There was a breach of implied covenant of good faith and fair dealing. She should have been given the opportunity TO work again as a programmer. There was however no breach of implied contract. This is considering the fact that Mary was fired due to a very just cause. Read More