Contracts and Employment Agreements - Essay Example

Contracts and Employment AgreementsThis essay is a response to contract claims and employment agreements between two parties. The parties are Barnes and Pentrix, between whom the former has various avenues of bringing claims against the latter. In this case, employment agreements are common law contract that is launched. I notice that Pentrix hires Barnes in 1998 after he receives a policy manual. Alongside that, Barnes signs an acknowledgement after he receives a copy of the policy manual with fresh language.

However, the policy is free to both the employee and the employer and does not restrict them to one another. It is clear that this contract is terminable at any time for any reason by either the employee or the employer. As it is indicated in chapter seven, an offer may be ended through operation of the law or through accomplishment of other parties (Bagley & Savage, 2010). This is an indication that Barnes is employed at will; that is to say, your employer does not need to look for a reason to fire you.

There are states in the U.S. that are not subjects to the “at-will” include Georgina, Rhode Island, Louisiana and Florida as Gibson & Lindley (2010) notices. There are exceptions that have become a trend and offer a lot of fortification to at will discharge. These trends comprise public policy, implied contracts and implied covenant of good faith and fair dealing. I understand that, in public policy, employees need a “just cause” for discharge. They need the same to guarantee managerial processes that define whether there is an unbiased cause for discharge.

Implied contract entails all that an employee has done in a company, those that show good reputation. It is more significant in employees that have served for a long time without facing lots of critics. On the other hand, implied covenant of good faith and fair dealing comprehensively entails insincerity in a contract. This is vivid when an individual employee does what is in contrary to the laws stipulated in the signed agreement.There is a group of people that are basically not subjects to the earlier stated rule, “at-will”.

This includes contractors and unionized workers, of which Barnes is one. In trying to argue cases that find them, there are certain exceptions that come in an implied contract. As it is indicated in the study, in chapter seven, there is a mode of acceptance that should be followed to the latter in a contract (Gibson & Lindley, 2010). These require adequacy in consideration, in order to explicate the mode of contracts. Arguments arise when Barnes and Pentrix go to court. To justify himself, one of the parties, Barnes says what he was told during an interview.

We think of looking after one another as a family our working place, an argument that rules favor to our side. These are the progressive discipline policy that we might think to use against being terminated. We might bring another claim as Barnes would against Pentrix. In this, I consider a claim base on implied covenant of good faith and fair dealing (Gibson & Lindley, 2010). We see Barnes as someone who has worked for more than ten years in that the company with good performance review. Standing at a better chance, Barnes has an offer from another company that he literally turns down.

He has expectation of being a supervisor in the day shift category, in the company. ReferencesBagley, C. E., & Savage, D. (2010). Managers and the legal environment: Strategies for the 21st Century (6th ed.). Mason, OH, USA: Cengage Learning.Gibson, J., & Lindley, L. (2010). The Evolution Of Employment-At-Will: Past, Present, And Future Predictions. American Journal Of Business Education, 3(2), 89-100.Bagley, C.E. & Savage, D. (2010).  Managers and the legal environment: Strategies for the 21st century (6th ed.). Cengage Learning Custom Solutions: Mason, Ohio.