Employment At Will Law Article Summary

In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts,

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

Fast Serve Inc. is a 25 million company, which employs more than 350 people involved in the direct marketing of branded sports apparel. The company decided to open two online marketing and 10% of the workplace was moved to manage the online distribution. After several months, the company noted that they were being affected by this last measure and was going to have to take steps to ensure that the Company is not affected. I am the senior manager in human resources department and was given the task of having to choose three of six employees for layoffs. As responsible leaders and

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

Employment at will is one of the types of employment commonly seen in the hospital these days. The establishment of the laws regarding employment at comes from the common law employment-at-will doctrine. Traditionally, employment at will was an arrangement where the employer or employee could terminate employment for any or no reason (Pozgar et. al. [date needed]. More recently, termination of at will employment has become more restrictive. Much of the limitations on the employer have been set by public policy or implied good faith and fair dealing covenants.

Depending on the status of the employee upon hiring or later, he or she may be granted at a will contract or a property interest contract in a continued employment (Varone, 2012). Because at a will employees cannot expect a continued employment, they can be terminated for any reason or without reason (Varone, 2012). For property interest employees, due process must be provided before job termination stated Varone (2012). Public employees such as municipal and district firefighters even under at a will contract cannot be terminated without just cause or in a violation of law affirmed Varone (2012). A fire chief who was fired due to an alleged incompetence filed a law suit against his employer. The facts, the issues, the ruling, the rationale, a perspective, and example in which the court’s decision might be cited are addressed in this paper.

My annotated bibliography is on the current “Employment At-Will” policy, which is currently used by most employers to terminate employees without proper cause. The policy was first introduce in 1877 by Horace Gray Wood in treatise called “Master and Servant.” The policy provides employers and employees the freedom to terminate employment by either party at any time without any reason. This leads to the reason why I’m writing about this policy: Employers have taken advantage of this policy. They are terminating employees without any just cause. The only alternative many employees have to job security and fair labor practice is if they are covered under an employment contract that dictates that they can only be terminated under just cause. Or, if they are part of a union that has bargaining rules that dictate how termination can occur.

The state of Georgia in 1996 started to embrace at-will employment for public employees (Jordan, 2014). The rational for this was to make public entities more efficient, by allowing the dismissal of poor performing employees. They also believed that existing employees would be more motivated, knowing they could be fired for poor performance. This deregulation has severely limited due process rights for employees (Jordan,

An employment-at-will doctrine is a common law that states an employer can hire, fire, promote, or demote an employee at anytime for any reason as long as there is a law or doctrine that does not oppose it. As an employer can fire an employee for any reason at any time, likewise an employer can quit a job for any reason at any time. ‘The economic philosophy of laissez-faire provided theoretical support for employment-at-will.” (Ingulli, 2012).

Employment ‘at will’ is a ground the employer may try to argue that the discharge of the two employees were within management’s legal rights. In the United States, unlike many countries, employment is “at-will” in all states excluding Montana (ncsl.org.n.d.). This Doctrine give employers the right to discharge an employee at any time with or without a reason and the employee the right to leave a job at any time with or without cause (Henson.2015.p556). Of the many freedoms afford to citizens and authorized worker in the U.S., this Doctrine protects the freedom of contract. In Adair v. United States, the court affirmed the importance of freedom of contract, as a right under the Fifth Amendment. Additionally, the court stated laws prohibiting

23. Define employment-at-will. Present three (3) exceptions to termination rights under this doctrine. Is a US Labor Law, employees can be released from employment at any time for any reason without having “just

Warhane and Radin, in their article “Employment at Will and Due Process”, suggest that one of the major reasons employment at will is acceptable is that it protects the proprietary rights of employers. In particular “the proprietary rights of employers guarantee that they may employ or dismiss

While the slow erosion of the "employment at-will" doctrine has received considerable attention during the last several years, 1 a more subtle liberalization of employee protection has correspondingly evolved in defamation law. Employees who have been terminated,

Techniques were established to assist employees with policies that could amend wrongfully discharging claims and unreasonable terminations by employers. Zachary described how ‘at will employment policy’ can be challenged if the employee can prove termination was unjustly enforced. The author studies employees who work at the will of the employer and the employers terminate the employees for unjust reasons; the ‘at will employment policy’ could be a shield of

Employment-at-will is a law that stipulate that as long as a employee is not been discriminated he or she can loose their job and any given time. This paper aims to analyze 8 different scenarios and determine whatever or not an employ can lose his or her job based in some behaviors, actions, or inactions that had lead to a somewhat hostile, aggressive, and even disrespectful work environment. At the same time the paper will address the importance of whistleblower police for any organization. While the employment-at-will allows employers to terminate their staff at any moment, at the same time it protect the staff from any type of discrimination.