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Employment-At-Will Doctrine - Essay Example

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In situations of at-will, either the employee or the employer terminates the relationship in the employment, without or with cause, without or…

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Employment-At-Will Doctrine

For instance, an employer is not allowed to take any negative employment action against any worker because of disability, gender, national origin, age, or any legal protected activity or characteristics. The protected activities include jury service, refusing to carry out an illegal action, reporting violation laws, filing the compensation claim of workers, and filing a discrimination complaint on the basis of sex, color, race, disability, or national origin. Since upset workers tend to sue a company on the above named grounds, it is advised that a company maintain the records of the performance of an employee (BALLAM, 2000).
The records helps in giving evidence of disciplinary actions that are not linked to the protected activity. The status of an employee-at-will may be changed by an implied or written contract, local law, or a state. Assuming an employee and employer enters into a written agreement; any termination must be carried pursuant to the contract terms and conditions. A discharged employee who claims the partied have contractually agree to the rights of the employers to terminate has the liability to prove the written representation on that note (New York joins the states overturning the employment-at-will doctrine: Employee handbooks are the key, 1983). After the parties agree to the terms of service, the workers can never be discharged unless with a reason. Generally, the oral assurance that a worker will not be dismissed without a good reason does not amend the status of an employee at will.
There are various limited exceptions to the doctrine of employment at will. Under this rule, the law does not apply if the relationship of employment is governed by an agreement with a given employment term. Under the exception of the public policy, a worker is wrongfully dismissed when the dismissal is not within the public policy of the nation. For instance, majority of states in America an employer is not allowed to terminate a worker for ...
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