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The first account is that the employee can be hired any time without any prior notice. The second is the fact that there is no concrete bond or agreement where the…
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What is At Will employment? At will employment differs from the conventional form of regular and contract employment on number of accounts. The firstaccount is that the employee can be hired any time without any prior notice. The second is the fact that there is no concrete bond or agreement where the employee must fulfill a certain span and period of time before being released by the company. The third is the company’s large amount of privileges and authority in comparison to the employee’s limited resource and limited privilege enactment and other service function facilities that are normally provided to the employees by the usual companies. The employees cannot go to the court or contact the legal authorities in case of being fired or released prematurely or without any previous notices dispatched.
Are there exceptions to At Will employment?
Despite the very employer oriented and employer friendly conditioning of the overall hiring process there are number of exceptions to the entire process of employees relationship.
Public Policy exception:
The first is the public policy exception. This is subject to a given employer and industry that is working in a given state and the overall ruling and standing of the state in that regard. The injury incurred during the working hours and various other conditions that are unforeseen and have little doing with regard to the employees work make up for the exception in the entire process.
The second exception is that of employee’s case of being targeted based on the racial discrimination. In case of the client’s believe that anything of similar form may have taken place, the employer can be subjected to questioning and the employee may well go to the court or the legal entity and win the case against their employers.
The labor unions provide for support and protection against this case and often the employees enrolled under the protection of various labor unions in a given state can enjoy this entitlement and protection in case of conflict between the two parties.
As the Director of H.R what concerns would you have?
As the Director of HR Golden Hospital I would have the concerns regarding the overall irregularities that are in practices and due to which one of the employees was terminated. I would be worried making sure these practices are stopped at once and professional practices are taken into account. Also the employees stance of questioning the overall cause of termination would be another point that would concern me.
Who should be notified about her termination?
The H.R department should be notified about her termination and the reason for her termination should be mentioned. The concerned departments and individuals should also be told of the shortcomings that were faced in the form of her performance and the overall negligence that came forth in the event of the overall scenario.
How would you handle the situation with the her supervisor?
The situation would be handled in the spirit of the company rules and in due consideration of the “AT Will” working mechanism. She would be made to understand that the actions were taken in the due course of action without any personal prejudice or any other reason which may be considered as biased or personally influencing upon the firing of any given employee. She will be encouraged into making a new start ahead without going down emotionally.
References:
Gibons, J. W., Lindley, L. (2010). , The evolution of employment-at-will: Past, present, and future predictions. American Journal of Business Education, 3(2), 89-100. Retrieved from Proquest
Kelly, E. L. (2010). Failure to update: And Institutional perspective on noncompliance with the family and medical leave act. Law & Society Review, 44(1), 33-66. Retrieved from Proquest
Leclair, Paul L. (2012). Commentary: Advocate’s view: No employment at-will exception for compliance officer. Daily Record (Rochester, NY). Retrieved from Proquest
Lofaso, A. M. (2011). Promises, promises: Assessing the Obama administrations record on labor reform. New Labor Forum, 20(2), 65-73. Retrieved from Proquest
Ness, D. L. (2011). Women, caregivers Families, and the affordable care acts bright promise for better care. Generations, 35(1), 38-44. Retrieved from Proquest
Nigro, L. G. & Kellough, J. E. (2008, December). Personnel reform in the states: A look at progress fifteen years after the winter commission. Public Administration Review, Supplement, S50-S58. Retrieved from Proquest
Pate, R. L. (2011). Reemployment under USERRA sections 4312 & 4313: At will employment versus temporary employment. Contemporary Readings in Law and Social Justice,3(1), 82-98. Retrieved from Proquest Read More
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