StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Employment-At-Will Doctrine - Essay Example

Cite this document
Summary
The Employment-at-will Doctrine Name: Institution: The employment at will doctrine implies that an employer is free to dismiss an employee for any legal reason without giving him or her notice. Similarly, the doctrine also allows the employee to leave his or her job for any reason without incurring legal liability (Employees Protective Association (U.S.), 2004)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.5% of users find it useful
Employment-At-Will Doctrine
Read Text Preview

Extract of sample "Employment-At-Will Doctrine"

Download file to see previous pages

For instance, under the doctrine the employer can terminate additional work benefits, reduce employee’s vocational time or even, revise the salary agreements (National Conference of State Legislatures, 2013). Scenario 1: John’s actions damage the company’s image and thus, they are not admissible to ignorance. John did not consider the effects of his actions and thus, it is legally right for the company fire him. According to the employment-at-will doctrine, the employer can just fire the employee without notice and thus, firing John without notifying him will not bring any legal liability on the company.

The ethical theory that best supports my decision is consequentialism. Scenario 2: In this scenario, I would not fire Jim. This is because; the employment-at-will doctrine has an exception referred to as retaliation, which states that if employees engage in activities such as claiming minimum wage or overtime compensation, then the doctrine shall not hold (National Conference of State Legislatures, 2013).Therefore, to limit the liability in this case, I would listen to the claims of the salespersons and changing the commission consider changing the schedules.

Scenario 3: Ellen should be fired. This will not impose any legal liability on the company since; she cannot claim the retaliation exception (National Conference of State Legislatures, 2013). The company could even decide to sue her based on libel and slander. However, to reduce the costs incurred, I would just fire her. My decision in this case is supported by the virtue ethics (Graham, 2004). Ellen has no virtues if she can act so maliciously to get her things done. Scenario 4: I would not fire Bill since there are no legal grounds to fire him.

This is because; he has not committed any conflict of interest by using the phone. As long as using the phone in his business does not jeopardize its use in the company, and then the company cannot terminate his employment. Scenario 5: Installing key logger software in the company computers is a way of protecting the company’s business and it is beneficial to both the employees and the company. Therefore, protesting such an important issue would only imply that the secretaries have hidden motives, which would be jeopardized by the installed software.

I would fire these secretaries since; considering their protest would put company’s data at risk. In addition, the secretaries are not following ethics of principle, which states that principles are just a matter of reasoning and logic. To reduce the liability suffered in this case, I would ensure that I employ other secretaries with immediate effect. Scenario 6: I would fire Joe since it is legally permissible to do so. The employee has committed acts that harm the company’s operations. The company has the right to sue him without notifying him since; it has legal reasons and thus, no liability would arise from dismissal of the employer.

In addition, Joe has no grounds to sue the company since; although his privacy was invaded, it was concerning the company. My decision in this case is supported by ethics of cognitive moral development, which assert that as an individual grows he or she should be able to use critical thinking tactics to solve problems (Graham, 2004). Critically in this case, Joe definitely would not have used a company’

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Employment-At-Will Doctrine Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.org/law/1482500-employment-at-will-doctrine
(Employment-At-Will Doctrine Essay Example | Topics and Well Written Essays - 1250 Words)
https://studentshare.org/law/1482500-employment-at-will-doctrine.
“Employment-At-Will Doctrine Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1482500-employment-at-will-doctrine.
  • Cited: 0 times

CHECK THESE SAMPLES OF Employment-At-Will Doctrine

The Employment-at-Will Doctrine

In the paper “The Employment-At-Will Doctrine” the author analyzes the case of Sarah Dodd who does have a claim for a valid lawsuit.... Paul Taylor has been verbally abusing Sarah while at work through yelling at her and telling her she is stupid.... hellip; The author states that Further telling an employee she is stupid is a deflation of character and provides valid grounds for the lawsuit....
2 Pages (500 words) Case Study

Employment- at-will Doctrine and Employee Discrimination

The author examines the Employment-At-Will Doctrine, the grounds of employee discrimination.... nbsp;  … The recognition of employment as being central to a person's livelihood and well-being, coupled with the fear of being unable to protect a person's livelihood from unjust termination, led to the development of common-law, or judicial, exceptions to the Employment-At-Will Doctrine beginning in the late 1950s.... The Employment-At-Will Doctrine allows that when an employee does not have a written employment contract and the term of employment duration is infinite, the employer can terminate the employee for reasonable cause, wrongful cause, without any cause at all....
3 Pages (750 words) Assignment

The Employment-at-will Doctrine

The right of the contract is absent in the concepts which might generate a whole lot of issues in the future (Muhl, “The Employment-At-Will Doctrine: three major exceptions”).... Do you think the exceptions to this doctrine should become the norm?... he doctrine states three concepts public-policy exception, implied-contract exception, and covenant-of-good-faith exception.... The author focuses on the term 'employment-at-will' which is referred to an employment condition when an employer may release an employee without any reason, without acquiring any legal responsibility to the employee, as long as the reasons for the release does not infringe public policy....
1 Pages (250 words) Assignment

Discharge for Whistleblower Activity

?Because the employees had to follow the Oklahoma common law Employment-At-Will Doctrine, this means they could be discharged by their employer for any reason.... Because Broom and Miller were subject to the Employment-At-Will Doctrine, even if they had been members of a bargaining unit that was connected with union representation, it still would not have provided any advantage to their case.... However, the employer argued that the language in this law were general and did not cover the Oklahoma Employment-At-Will Doctrine....
2 Pages (500 words) Essay

Employment at Will Doctrine

The Tennessee Supreme Court articulated this doctrine in 1884 where it stated that there should be no interference with employers' right, whether to release or retain them at will for good cause or for no cause, or even for bad cause, they cannot be held guilty of an unlawful… Therefore employers in the United States of America have a right over their employees and can dismiss or retain them at their own will without threats of legal action as experienced in the common law and statutes that protect employees The assumption in this doctrine is that the employee only supplies the labor and has no legal interest in the business enterprise other than to be paid for the labor offered while the employer has the sole right to determine everything on how the enterprise operates or it is run....
5 Pages (1250 words) Research Paper

Employment in IT sphere

Similarly, the employment at-will doctrine means that an employee is free to leave their job at any time, for any reason, should they choose to do so.... In addition, the at-will doctrine goes a step further and allows an employer to change the terms of an existing employment relationship at any time, without any overt consequences being levied against the employer....
4 Pages (1000 words) Essay

Communicating Effectively - Employment at Will

Just as the name suggests, the Employment-At-Will Doctrine is a rule of common law in the United States that gives employers the right to terminate a contract with their employees at will.... The rule explains that either the employer or the employee can terminate the contract… The doctrine provides effective mechanisms for either the employee or the employer to terminate their relationship as a way of resolving disputes.... The doctrine provides both parties with a degree of freedom, one that either party The prevalence of the doctrine in the country led to an increase in employment feuds owing to the shortfalls it presented....
5 Pages (1250 words) Essay

Limits of Employment-At-Will Doctrine

From the paper "Limits of Employment-At-Will Doctrine" it is clear that the employment at will doctrine has its own limits.... A discharged employee who claims he partied have contractually agreed to the rights of the employers to terminate has the liability to prove the written representation on that note (New York joins the states overturning the Employment-At-Will Doctrine: Employee handbooks are the key, 1983).... There are various limited exceptions to the doctrine of employment at will....
6 Pages (1500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us