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At Will Employment Law Essay

1719 words - 7 pages

At Will law was situated into place to safeguard both the employee and the employer. By creating the employment at will law; both the employer and employee are able to cancel the contract at any time without consequence. “Employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice”, Rogers, S. 2012.
By the late 1800’s the doctrine “At Will Employment” was established in the United States. The principle was valued at first by the employers because it allowed the employers to have exclusive freedom as to how they could operate their companies. The principle of this doctrine also gave the employers protections in the ...view middle of the document...

The only problem with that feeling of accomplishment was that the doctrine actually was a double bladed sword. The doctrine allowed an employee to quit their employment with the company whenever they wanted to. This at times could cause the employer problems as far as the staffing demands by leaving them under staffed at times and forcing extra cost on the employer for new hires in training. The At Will Employment law can be referred to as a catch 22. There are advantages for both sides and at the same time disadvantages for both sides that in the long run could result in to costly expense. I will try to produce in my paper the advantages and disadvantages for both sides.
The employer’s part of allocating the At Will Employment principle are in some ways pretty basic and should be obviously be consider their policy. When dealing with employees via a contract, you have to follow the contract that has become a legal document between the two parties involved. This means you will not be able to get rid of the employee during the contract period of terms without either proper legal documentation or facing a legal battle in court. For an example, let’s say I wanted to hire a recruiter for my business. The new recruiter was not able to make her numbers in the recruiting range for the month; I could not fire her because she was unable to reach a certain level until the grace period of a new employee time of hiring had passed without fearing a legal battle in court. I would just have to wait for the timeframe to pass so that I could terminate the employee based on his/her lack of being able to produce revenue in the sales part of my recruiting business. Now, since the At Will Employment law gives me the ability to not hire her/him through a contract employment but instead hire her/him as a recruiting associate in the sales department occupation as per the At Will Employment and that way I could include the numbers that are required per month as part of the legal contract. This way my company and myself would be protected from all wrongful law suits that might result from an employee’s termination. The other benefit this gives the employers and the companies is at a time when they might need to reduce their budgets by downsizing or permanently canceling a position so that the company might be able to stay in business; they are allowed to do so and the doctrine saves them from any class action cases pertaining to unlawful termination, as long as they follow the guidelines of the doctrine. Many major corporations have benefited from this doctrine during time periods when our country has been hit with an bad economy crisis. They were forced to reduce their staff and even at times forced early retirement on employees to help with the cost of the company’s salary budgets. Since the corporations could terminate the high volume paid employees and not fear of a legal battle they were able to stay in business and still manage to look good to...

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