Essays on At-Will

Introduction

The doctrine states that occupation is supposed to take an undefined time and can be terminated by both the worker and the employer. The guideline has been applied historically by the courts in the interpretation of employment relationships. The employers and workers have been awarded unequal bargaining power. It causes criticism of the doctrine since the outcomes are seen to be harsh. The unions looked to, are seen as the certified employees’ representatives, thus trying to equalize the bargaining power. Various benefits are associated with the union powers such as job security and bonuses. With the acceptance of the “ ...

Introduction

Traditionally, employment relationships have generally been governed by the common law doctrine of employment at will. In the nineteenth-century American common law, the employment-at-will doctrine became the norm. The at-will-doctrine holds that unless the parties expressly agree in particular duration, the employment relationship can be served by either employer or the employee at any time and for any reason. According to the Bureau of Labour Statistics, however, there are major exceptions to Employment-at-Will including implied contract exception; policy exception and convention of good faith and fair dealing (Muhl, 2001). Employment at will is basically a voluntary and indefinite employment ...

Interpreting Laws and Court Decisions

Introduction Laws are continuously changing and are always put in a language difficult for the common citizen to understand. The average working American is mostly unable to understand the legal language and terms. This makes the interpretation of laws and, even court decisions, a difficult undertaking. Labor laws in the US provide a necessary legal relationship among the workers’ labor unions, workers themselves, and the employers. The laws also form a basis on which the labor cases are determined in courts. The interpretation of both the court decisions and laws, therefore, remains significant to both the workers and their ...

A) According to U.S. EEOC (para 2-5), hostile work environment is a situation in the workplace where an employee finds it hard to work due to harassment from other workers in the workplace. This is usually severe and pervasive. Harassment can be in the form of bullying, fondling, and the use of offensive language and remarks. Sexual harassment refers to bullying in the workplace in relation to an individual’s sex. It mostly affects female employees whereby they are coerced to have sexual relations with their colleagues in the work place. Sexual harassment takes the form of physical or ...

Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer may terminate an employee for a good cause, bad cause, or no cause at all, so long as it is not an illegal cause . An employer cannot terminate an employee for discriminatory reasons, a breach of employment contract, or in retaliation for exercising their employee rights. Discriminatory reasons include race, color, sex, religion, national origin, etc. In order to better understand how at-will employment works, I will provide three different scenarios ...

Assignment 2: Employment-At-Will Doctrine

Abstract Employment-At-Will Doctrine states that states that an employee or an employer can decide to end the employment contract with or without a prior notification. A workplace has a lot of complications and requires some rules and regulations to govern it. Admittedly, there are some exceptions that limit the full application of the employment at will doctrine as the exceptions challenge it. The paper will expound three major exceptions including public policy exception, implied contract and the Implied Covenant of Good Faith and Fair Dealing. Additionally, a case scenario involving employees of a company and the bosses will be ...

Summary of employment-at-will doctrine from text

The employment at will doctrine is a legal doctrine that states that an employee who is hired for an indefinite period of time, may be terminated or end the employment at any time. Employment at will also means that the terms of the employment with regards to the employee can be altered at any time without notice and without consequences. For instance, an employer can reduce the employee’s wages, make changes in the employee’s benefits or change the terms of paid time off. In many states, employment at will doctrine has exceptions. One of the most common ...

Study

Will Manuel Perez prevail in invalidating the arbitration clause? Why or why not? Identify the ethical concerns regarding Walexron’s approach to the arbitration process and recommend actions Walexron could take to remedy the ethical concerns.

Manuel Perez has high chances of invalidating the arbitration clause in question for several reasons.

Firstly, the case materials indicate that there is no applicable arbitration clause at all. Thus, in Staschiak v. Certified Logistics, the court made a ruling that if there is a special disclaimer in the employee handbook, it may not be considered as a part of the employment contract. In addition, this ruling stipulated that the employment agreement should contain a specific reference that ...

Introduction

In today’s workforce, knowing your rights within an organization are very important. Having familiarity of the employee handbook can help define your privileges and human rights within the organization, and finally knowing what’s relevant to you as an employee. Last week in our Leg 500 class, we discussed various topics, such as, the Employee-at-Will Doctrine, Wrongful Discharge, Value Work, and Whistleblowing. All the above mentioned topics play a vital role within an organization. All employers are going to need to have policies in place for their employees. Representative arrangements are additionally a route for businesses to execute ...

Introduction

Employment at will doctrine enables an employee to ensure that a different employee is executed for any provided reason aside from an illegal motive or no reason without any legal capabilities. The same legal decision or no provided support by organizations allow employees to drop positions in jobs at any given time without any provided reason annulled of penalties that are considered legal (Halbert & Ingulli, 2012). Employees, with employment at good doctrine, have the capability to transform its terms as well as the policies of an organization without giving notice. Benefits, as well as wages, can be integrated at ...

Introduction

Employment discrimination refers to preventing discrimination at the workplace on the basis of age, sex, nationality, religion, ethnicity, physical disabilities and various other parameters (Player 4). Employment discrimination extends to prejudice in terms of hiring and recruitment, promotions, compensation, job roles, termination, harassment and retaliation. The Constitution of the United States has formulated protective measures to ensure no employer practices any kind of employment discrimination. As such, the federal government has devised a multitude of legislature and acts, which prevent different sorts of employment discrimination. Some of these acts include employment at will, Civil Rights act, sexual harassment, pregnancy ...

Management

Summary of Employment-at-Will Doctrine The employment-at-will doctrine has its roots in the feudal doctrine of master and servant, wherein the master-servant relationship is viewed based on status rather than contract. H.G Wood’s treatise on the master-servant relationship held that ‘a general or indefinite hiring is prima facie a hiring at will’ (DeGiuseppe, 1981, p.6) This concept evolved in the United States as employment-at will. According to the doctrine, an employer can terminate the services of an employee at any time for any reason except an illegal one, and even for no reason at all, without risking legal ramifications. ...

Question One

A legitimate stakeholder means an individual or a group of people who have significant influence over the achievement of a company .The funders hold the most important objectives of a specified company. They bear the risk of the company since they invest their capital hence have something to gain or lose depending on the firm’s activities (Weiss, 2014 ). Therefore, the fact that the primary task of managers and executives of a company remains to make stakeholder’s interest’s and rights, a priority is entirely plausible in my opinion. In the past, firms were owned by individuals who ...

At Will Employment Issues

According to information found at the National Conference of State Legislatures website. “Employment relationships are presumed to be “at-will” in all U.S. states except Montana.” This means that employers and employees can end the relationship at will or without cause or threat of retaliation from the termination of employment of either party. There are not any legal requirements that surround the termination such as a period or a specific reason involved. Every employee in the United States, except Montana, is considered to be an at-will employee unless he or she has signed a specific contract with the employer at ...

Except for the state of Montana, employment in all other U.S. states is presumed “At-Will”. The U.S. one of the few countries where employment is predominantly at-will. The reasons for this include the respect for freedom of contract and the belief that both the employer and the employee want it more than job security. In most other countries in the world, employers can dismiss employees only for just cause. At-will employment means that the employer can dismiss an employee for any cause or for no cause without any legal liabilities. Similarly, the employee can leave a job at any ...