Employment At Will Doctrine Essay

1579 words - 7 pages

Employment-At-Will Doctrine
XXXX
XXXXX
LEG 500: Law, Ethics and Corporate Governance
XXX University
XX XX, 2013

Employment-At-Will Doctrine
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.
Employment-At-Will
According to the National Conference of State Legislatures (2013), most of the countries around the world permit the termination of employment with a legitimate cause. However, in the United States is different; employ/employer relationship assume to be "at will" in all United States with the exception of Montana. At will refers to ability of an employer to dismiss any employee and any given time without any reason as long as is not for unlawful reason (any type of discrimination, or retaliation due of something done or said). At the same time any employee can have the right to leave a job at any given time without any reason and the employer cannot take legal actions to avoid it or because of it. Arrangements of the employ hiring agreement can be made based on the at-will doctrine include employee poor work performance, misconduct, or economic limitations (NCSL, 2013).
Employment-At-Will Exceptions
There are some common exceptions to the employment-at-will law; public policy, implied by contract, illegal discrimination, retaliation, and whistle-blowing (NCSL, 2013).
Public Policy refers to the protection of employees against adverse employment actions that violate a public interest. Implied by contract often employs have expectations of the length of their employment due of employers management verbal statements or assertion on the content of the employee handbook were stipulate when, how, and why should any employee be terminated
Illegal discrimination is where the law protects the employee to avoid any illegal discrimination and employers cannot discriminate by terminating an employ based in their gender, religion, culture, disability, race, color, nationality, or veteran. Retaliation is when the federal and/or state laws prohibit employers from firing employees in retaliation for engaging in legally proper, necessary, or desirable activities. A list of protected activities include argue of minimum wage or overtime pay, participating in union activities, refusing to do or agree with any discriminatory practices, claiming work compensation, and whistle-blowing. Whistle-blowing, the majority of the states offer whistleblower safety...

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