Employment-at-Will Doctrine - Case Study Example

Employment-At-Will Doctrine

Human assets are still the most important and influential resources in all organizations. They are tasked with planning, controlling, and coordinating all the other resources to achieve the set objectives. Employees are crucial to the success of business especially in this era where technology has revolutionized the business world. Innovative organizations like Google, Microsoft, and Apple rely on a quality workforce to remain competitive. Effective human resource management strategies are based on fair treatment of employees. Several laws have been formulated to ensure employees are treated well at all times. Small business owners believe the constraints faced by small organizations and big corporations are different. Therefore, it is important to have a specific field define what ethical treatment of employees in small business organizations. The paper analyzes the ethical issues associated with the employment-at-will doctrine, which is the legal basis for employment treatment.

The level of significance attaches to ethical practices has increased because of the dynamics of the global environment (Arnold, Beauchamp and Bowie 139). The collapse of big companies like Enron and Tyco is a testimony of how bad it can get if an organization ignores ethical practices. The sustainability of an organization is highly influenced by the treatment of employees and clients. A fair treatment of all business stakeholder is the most effective way of surviving the challenging business environment (Ferrell, Fraedrich and Ferrell 65). A time has come for small businesses to embrace ethics and ensure employees are treated to avoid loss of talent and prosecution. Successful entrepreneurs understand the role that employees play in the success of an organization. It makes sense to ensure all employees are treated well. Employers must ensure employees are treated well and recognized for their role in the success of the business.

Typically, the relationship between employees and employers is characterized by the freedom of the employee to resign and the freedom of the employer to fire (Roehling 115). Employees are expected to follow the will of the employer. The employment-at-will is the legal definition of the way employees and employers should relate at the workplace. According to the law, an employer has the right to fire an employee at any time if there is no specific contract that defines the terms of termination. The traditional view that puts the employer as the master and the employee as the servant has been evolving with the civilization. The formation of unions provided workers with the power needed to make their voices heard. Unions could negotiate contracts that do not allow employers to terminate employees without due process and proper reason. There should be a clear explanation that justifies the decision to terminate the employee.

The employment-at-will doctrine law is still a controversial issue in the American society (Bowman and West 120). The fact that employers in the private sector have the power to fire an employee without a viable reason as long as the reason is not associated with race, disability or any other factors listed under discrimination laws. Several researchers in the field of ethics believe the employment-at-will doctrine violates the moral rights of employee and puts them at the mercy of the employer. It is not fair to make employees experience negative effects without giving a clear explanation. A section of ethicists believes there is nothing wrong with the policy when economic reasons are considered. Employees have the right to contract their freedom away, which leaves them at the discretion of the employer. However, the employment-at- will doctrine remains active in the private sector. The question should focus on the best way that employers can act within ethical principles when implementing the employment-at-will policy.

Employers are ethically obligated to make employees understand the meaning of the employment at will doctrine to avoid manipulation of what the employee expects. Most employees in the private sector think that they can be protected by the law in the case of a termination. They do not understand that the business owners has the right to terminate employment without giving one any explanation. It is prudent to ensure that employees understand the nature of their rights in employment relationship. It is unethical to assume that employees understand the law. There have been cases of employers who communicate the employment-at-will doctrine to give the impression that it is the responsibility of the employer.

The reluctance associated with communication the employment-at-will doctrine because of the contract exception, which is also part of the law. Employers have adopted tactics that help in avoiding the contract exception. Employers manipulate employees who overestimate their rights and underestimate the power of the employment-at-will doctrine in the private sector. Employees are likely to engage in situations that might lead to termination without understanding that the employer has the legal permission to terminate employment without reason. It is common for some employers to trick employees into signing documents that prevent them from making any changes to the employment-at-will doctrine. The employee agrees to the terms of the employer without understanding its implications. For example, a signing a document that nullifies oral promises means the employee has not legal support needed to initiate the contract exception in future. The act of tricking employees into signing agreements without understanding is very unethical.

Tricking employees into signing agreements without understanding the full extent of their rights means there is no true informed consent. Therefore, it is ethical for an employer to ensure that an employee understands the full extent of the doctrine. An employee should sign the contract knowing what to expect. It is imperative to note that the ethical responsibility of informing employees is beyond the legal obligation that rests on the employer. It can help in gaining the trust of an employee, which is good for the business.

The other ethical concern is the effect that the employment-at-will doctrine has on hiring of minorities. The law states that employers need clear reasons to explain termination of an employee who comes from a minority group to avoid being charged with discrimination. Therefore, most employers away from minorities. They fear of hiring employees who are difficult to fire because of the legal implications. The employment-at-will law is encouraging employers to avoid hiring minorities. An ethically sound employer would go ahead and hire someone from the minority as long as they meet the requirements of the job. The ethical thing to do is to ensure that the employment-will-doctrine does not interfere with the hiring process.

The implementation of the employment-at-will doctrine must be within ethical boundaries even though they are not stipulated in the law (Roehling 120). For example, it makes sense for an employer to at the employment-at-will doctrine to help avoid the burden of having to explain the reason for termination in a court law. It does not mean that the employer is in a position to terminate an employee without considering all the factors and circumstances. Employers who acknowledge the existence of ethical obligations will ensure that proper reasons are identified before termination. It is all about communication well with clients to understand their concerns. The notion is that employers must understand that legal standards are the foundations for ethical decision making to improve working relationships. Ethical behavior includes employees who resort to legal standards only when faced with the threat of litigation. They believe in treating all employees with fairness even during termination.

Ethical treatment of workers also includes understanding that the termination of an employee based on personal characteristics that have no relation to job performance. Employers have the legal backing to terminate without giving a reason, but it is unethical to terminate an employee because of personal characteristics that dot influence ability of an employee to perform.

Implementation

The practical application of the ethical values that go hand in hand with the employment-will-doctrines should be preceded by the establishment of procedures to make it easy to manage everything needed. First, the steps taken to ensure all employees understand the extent of the law and other details of the job vary with the situation. For example, all potential employees can receive brochures that explain the employment-at-will doctrine. Employees who decide to sign the contract even after reviewing have given their true consent. They are aware of all the obligations that come with the job. Employees should be given time to consult lawyers and more than on document to sign before additional damage is done.

The interview panel should be trained to understand the implications of oral pronouncements. They need to be prepared to avoid mentioning things that might put the company in jeopardy. An interview panel that understands what needs to be said to communicate effectively has the capacity to ensure that a potential employee understands all the responsibilities and regulations that come with the job. They are given a choice that is backed by facts only.

Employers should stop relying on entirely on the employment-at-will doctrine to make decisions about hiring. Clear communication about the interests of the organization and the responsibilities associated with the job helps in searching for the right employees. During recruitment, the selection team should focus on the organizational interests and the responsibilities associated with the job. Clarity in communication will help in preventing hiring based on the minority. The most effective way of communicating these interests is the formulation of an ethics code or a policy statement. The statements should be clear to all members of the organization because they guide the conduct of the company.

The final part is the discharge of employees within ethical boundaries. The hiring managers have to understand the role of ethics when it comes to discharging employees. They must understand ethical responsibilities that must be considered during hiring and discharge. The presence of structures that guide ethical decisions makes it easy for hiring managers to follow the established process.

Conclusion

The employment-at-will doctrine might be ethical or unethical depending on the way difference people perceive it. It is the main legal backing when it comes to the definition of employee-employer relationship. The implementation of the employment-at-will requires a careful consideration of ethical boundaries. Employees should be protected by being given a fair chance in case of any dispute. All potential employees must understand the implications of signing an agreement with an employer who has the employment-at-will doctrine. A thorough understanding of the doctrine is recommended. The implementation of doctrine leads to additional ethical issues, which can be addressed in difference ways.