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

The Principle of Employment at Will - Assignment Example

Comments (0) Cite this document
The paper "The Principle of Employment at Will" describes that due process will determine if the employer is about to take an irresponsible arbitrary action which may be the cause for legal action of an employee. Due process will provide both employer and employee positive inputs for future actions…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.3% of users find it useful
The Principle of Employment at Will
Read TextPreview

Extract of sample "The Principle of Employment at Will"

Download file to see previous pages At the same time, "at-will" employees enjoy rights parallel to employer prerogatives. They may also quit their jobs for any reason whatsoever, including no reason at all, without giving any notice to their employer.
The law has upheld employment at will because it promotes business productivity and efficiency. Besides, there are already existing laws, such as those covering freedom to contract, union agreement, public policy, and the resort to courts, which can be used by employees to address their appeal regarding any violation of rights. Governments are naturally supportive of the growth and prosperity of private business because they contribute to the economy and the general welfare of the citizenry.
Due process is a means by which a person can appeal a decision in order to get an explanation of that action and an opportunity to argue against it. The two aspects of due process are procedural and substantive. Procedural due process is the right to a hearing, trial, grievance procedure, or appeal when a decision is made concerning one's self. Substantive due process is the demand for rationality and fairness for good reason for decisions.
Currently, the legal situation with respect to due process at work is only available to public-sector employ...
Moreover, unless there is a public policy violation, the law has traditionally protected employers from employee retaliation during court actions.
2. Examine and critically assess each of the five justifications for EAW, as stated on page 308. Which of these arguments is the strongest How persuasive are Werhane and Radin's rejoinders to them Are there arguments to EAW that the authors have overlooked or not answered adequately
There are five justifications for EAW. First is that the proprietary rights of employers guarantee that they may employ or dismiss whomever and whenever they wish. Employees provide a resource, in this case, manpower resources, much like other company resources, which have been deemed necessary by the employer to effectively conduct the business. Therefore, when the employer feels that an employee resource is no longer required, the employee may be dismissed.
Second, EAW defends employer and employee rights equally, in particular, the right to freedom of contract, because an employee voluntarily contracts to be hired and can quit at any time. The employer's right to hire and the fire is balanced by the employee's right to accept or reject employment. If any restriction will be imposed on the employer regarding EAW, a similar restriction should be imposed on the employee. If an employee will be protected from being fired, the employer must be similarly protected from having any employee quit employment. Limiting EAW practices or requiring due process would both be coercive
Third, in choosing to take a job, an employee voluntarily commits himself/herself to certain responsibilities and company loyalty, including the knowledge that he/she is an "at-will" employee. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(Employment at Will and Due Process Assignment Example | Topics and Well Written Essays - 1750 words, n.d.)
Employment at Will and Due Process Assignment Example | Topics and Well Written Essays - 1750 words.
(Employment at Will and Due Process Assignment Example | Topics and Well Written Essays - 1750 Words)
Employment at Will and Due Process Assignment Example | Topics and Well Written Essays - 1750 Words.
“Employment at Will and Due Process Assignment Example | Topics and Well Written Essays - 1750 Words”.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Principle of Employment at Will

Drug courts and due process

1 Pages(250 words)Essay

Police Interrogation and Due Process

7 Pages(1750 words)Research Paper

Due process and the Rule of Law

5 Pages(1250 words)Essay

Due process judicial review regulatory process administrative hearing

5 Pages(1250 words)Essay

Employment at Will and Due Process

6 Pages(1500 words)Assignment

Due Process

1 Pages(250 words)Essay

Due Process Rights

2 Pages(500 words)Research Paper

Due process

5 Pages(1250 words)Essay

Due Process Video

2 Pages(500 words)Movie Review

An Effective Planning Process

11 Pages(2750 words)Coursework

Recent Patterns of Change in the Management of the Employment Relationship in the UK

9 Pages(2250 words)Assignment

Information Systems Development Process

13 Pages(3250 words)Assignment

Employment Relations

15 Pages(3750 words)Case Study

The Importance of Strategy Process

10 Pages(2500 words)Assignment

Maternal Employment and Child Well-Being

12 Pages(3000 words)Literature review

Future Digital Design Process

21 Pages(5250 words)Assignment

A Six Stage Model of the Innovation Process

9 Pages(2250 words)Case Study

Marks and Spencer Organizational Development Process

7 Pages(1750 words)Case Study

Learning and Memory Process

6 Pages(1500 words)Assignment

Guantanamo Bay and Due Process

8 Pages(2000 words)Term Paper
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.

Let us find you another Assignment on topic The Principle of Employment at Will for FREE!

Contact Us