Case Sample A Essay example

Employment at will refers to employment practices that allow the employer and employees to terminate their employment at any given time. Company’s therefore can terminate an employee’s employment at any time for whatever reason or no reason at all. Richard Epstein favors employment at will and advocates for the principle. Epstein argues the proprietary rights, that employers have right to spend their money the way that they want. This means they have all control and decision making when exchanging money for certain labor. Epstein also mentions how employment of will acts as a freedom. For example, At will employment allows employees to freely choose to quit their job whenever they want as well as employers get to fire at anytime, therefore

The employment At-Will doctrine is in place to allow employment relationships to be restricted. It allows employers and employees to terminate a relationship at any time without cause. The doctrine will allow employees to quit without any fear of being held liable for any inconvenience or disruption to the business at the time of quitting. This doctrine also allows employers to make any changes towards an employee’s term of employment (N, 2017). However, some exceptions could prevent an employee to make those changes if the employee is covered in that particular area. Doyle A

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

• The fact that Anita said that the plaintiff will probably get job with the fact that the plaintiff had performance evaluation than the younger woman awarded the promotion led the plaintiff to expend emotional and financial recourses pursuing this ADEA claim in federal court. (Twomey, 2010, pg. 525)However, when analyzed by the court under a “direct evidence of discrimination “theory and under the McDonnell Douglas model, she had no case. (Twomey, 2010, pg. 525)

"Labor Code section 2922, which provides that an employment relationship of unspecified duration may be terminated at the will of either party, establishes a presumption of at-will employment. This presumption may be overcome by evidence of an implied agreement that the employment would continue indefinitely, pending the occurrence of some event such as the employer 's dissatisfaction with the employee 's services or the existence of a cause for termination. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 680, 254 Cal.Rptr. 211, 765 P.2d 373.) `[Factors apart from consideration and express terms may be used to ascertain the existence and content of an employment agreement, including the personnel policies or practices of the employer, the employee 's longevity of service, actions or communications by the employer reflecting assurances of continued employment, and the practices of the industry in which the employee is engaged. ' [Citation.]" (Soules v. Cadam, Inc. (1991) 2

1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

The National Conference of State Legislature, NCSL, defines at-will employment as, “a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason that is, without having to establish "just cause" for termination, and without warning.” In addition, the NCSL reports that all states with the exception of Montana are under the “at-will” stature in regards to employment. This doctrine poses various social problems, which include: job security, increased financial stress, and uncooperative work environments.

Interesting post-Elora! This case study is very deceiving it seems many of our classmates agreed that the employer is at fault. After carefully researching, the case in the law library my findings regarding Bill McLaren v. Microsoft Corp. Case No. 05-97-00824, 1999 Tex. App. Lexis 4103 (Tex. Crt. of App., May 28, 1999) was an eye-opener ( ).

When it comes down to at-will employment, it benefits employers and employees. With at-will employment, an employer has the right to terminate an employee at any time and for any reason. There are no predefined legal requirements in terms of notice being served periods. This means the termination can be done with no prior notice. If an employer or an employee who is in an at-will employment position decides to terminate the employment relationship, the other party has no other

Assuming Mary is subject to the EAW doctrine where she can be fired for any or no reason, with or without notice. Based on the scenario Mary appears to be covered under the public policy exception to EAW in the fact that her boss instructed her not to Whistle-blow, which in turn exposes the company to legal liabilities from the EPA.

In the world, it is hard to sometimes hard to balance life between things that don’t involve work and things that involve your work. At-Will Employment is a contractual relationship between an employee and an employer that allows dismissal for any reason without just cause. The idea of at-will employment originated in 1877 with Horace Gray Wood. Horace Gray Wood dealt with master and slave relations. The question with at-will employment becomes is it ethical to let an employee go based on non-work difficulties. The ethical decision that is being examined is “Is it ethical for a manager to terminate an employee whose performance has markedly declined non account of dealing with non-work personal difficulties?” The at-will doctrine is

Retaliation is when the federal and/or state laws prohibit employers from firing employees in retaliation for engaging in legally proper, necessary, or desirable activities. A list of protected activities include argue of minimum wage or overtime pay, participating in union activities, refusing to do or agree with any discriminatory practices, claiming work compensation, and whistle-blowing. Whistle-blowing, the majority of the states offer whistleblower safety for the public employees. Unfortunately employment protection for employees from the private sector employees is very limited (NCSL, 2013).

The plaintiff had dated a former employee, Blum, who had gone to work for a competitor, for about a year. The former employee had moved out of state and the relationship had stopped. When the former employee moved back a year later, the relationship resumed. After a year had gone by, the plaintiff's supervisor told her that the relationship had presented a conflict of interest and gave her a couple of days to decide whether she would give up the relationship or lose her job. The next day the supervisor told her he had "made up her mind for her" and fired her.