Employment-At-Will Doctrine

Ph.D.
Essay
Business
Pages 6 (1506 words)
Download 0
In situations of at-will, either the employee or the employer terminates the relationship in the employment, without or with cause, without or…

Introduction

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 ...
Download paper
Not exactly what you need?

Related papers

Employment Law
Subsequently, these employees had approached the Managing Director, who confirmed their dismissal, without making any further investigations into the case. He approved the dismissal by simply going through the available paper work relating to the issue. Thereafter, the company had received an ETI claim form and ET3 response form from the Employment Tribunal. Several basic and radical changes were…
Employment Relations
Due to the economic constraints in developed and developing countries, contemporary issues such as stress, overwork and obesity have become a major concern. This has pushed governments to reinforce or restructure the existing industrial laws to deal with the menace. In New Zealand, the government is concerned with promoting workplace standards to ensure safety and health among its working…
Employment Relations
This shortage can be short term or long term, although it depends on the lengthy of the deficit. Due to its current state of deficiency of skilled labour, many immigrants shift to New Zealand to seize the employment opportunities (Palffy, 2008). Adversely, the country may have many skilled labourers who are not willing to fill the available vacancies. This investigative paper will seek to discover…
Employment Relations
Employment relations theories The study of employment relations has led to several theory perspectives that have helped explain the nature of employment relations. The following is some of the perspectives draw. The first is Unitarianism, a perspective based on workplace conflicts between the employees and the manager. This theory explains that conflicts at the workplace are inevitable, and they…
Paper 3
Who among them was right, is it the City management or is it Uriah? Arguments raised by the two parties will help in determining the case. On his part, Uriah felt that his actions were justified while the City felt that they were justified in their decision to fire the employee. In the arguments that I shall hereby raise, I will look at both sides of the arguments and why they felt they were…
Ashford - BUS311
The paper will spot the key employment laws and concepts that have some effects on each of the candidate’s employment status. The paper is also going to explain whether there is any explanatory regulatory circumstance, which would influence the decision to end the employment of each of the candidates. Finally, the paper will make a decision on the way each of the candidates can be dealt with in…
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…