Leg 500
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- Date Submitted: 05/14/2014 09:16 PM
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Assignment 1: Employment-At-Will Doctrine
Student name
Strayer University
LEG 500, Summer 2013
Professor name
Abstract
The premise of employment-at-will doctrine has endured in the United States and continues to be the foundation for employment relationships under the law. As it stands any employer has the right to fire any employee without giving reason and with no consequences. If no contract has defined employment duration, an employer and/or employee are free to discontinue the working relationship at his/her will at any time (Willy, 2009). However, exceptions do exist if a termination violates civil right laws, public policy, a contract employment, or a good faith covenant as in the case Korb v. Ratheon in 1991 (Washington, 2011).
Scenario 1
In regards to John, the employee who criticized the company’s most valuable customer: It is my recommendation that his employment be terminated. Taking into consideration that the company is preparing for an Initial Public Offering, a free market theory must be considered. Profits will not be made if employees jeopardize relationships with customers by publicly criticizing them. There are not exceptions to the employment-at-will doctrine. This employee’s right to free speech is not in the public interest. An employer is entitled to employ a person who supports the company’s agenda (Willey, 2009).
Scenario 2
On the contrary, Jim’s emails to coworkers protesting recent changes in commission and bonus schedules must be addressed in a more utilitarian approach. First, I recommend an audit of the change be incorporated to insure the changes are legal. Jim must be reassured that his concerns have been heard and are being investigated so as to prevent any constructive discharge resulting in a violation of good faith covenant.
All staff must be addressed in a meeting reassuring them that the issue is...
Student name
Strayer University
LEG 500, Summer 2013
Professor name
Abstract
The premise of employment-at-will doctrine has endured in the United States and continues to be the foundation for employment relationships under the law. As it stands any employer has the right to fire any employee without giving reason and with no consequences. If no contract has defined employment duration, an employer and/or employee are free to discontinue the working relationship at his/her will at any time (Willy, 2009). However, exceptions do exist if a termination violates civil right laws, public policy, a contract employment, or a good faith covenant as in the case Korb v. Ratheon in 1991 (Washington, 2011).
Scenario 1
In regards to John, the employee who criticized the company’s most valuable customer: It is my recommendation that his employment be terminated. Taking into consideration that the company is preparing for an Initial Public Offering, a free market theory must be considered. Profits will not be made if employees jeopardize relationships with customers by publicly criticizing them. There are not exceptions to the employment-at-will doctrine. This employee’s right to free speech is not in the public interest. An employer is entitled to employ a person who supports the company’s agenda (Willey, 2009).
Scenario 2
On the contrary, Jim’s emails to coworkers protesting recent changes in commission and bonus schedules must be addressed in a more utilitarian approach. First, I recommend an audit of the change be incorporated to insure the changes are legal. Jim must be reassured that his concerns have been heard and are being investigated so as to prevent any constructive discharge resulting in a violation of good faith covenant.
All staff must be addressed in a meeting reassuring them that the issue is...