Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Wrongful termination case study
Wrongful termination case study
Discipline management
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Wrongful termination case study
There has been a presumption that an employee handbook can be used to protect an employer at the time of disciplining or discharging the employee in a litigation case. An employee handbook is a set of policies, procedures, working conditions, and behavioral expectations that steer employee actions in the workplace. With a well-written, comprehensive handbook, employees always know what is expected of them at work. They know how their employer will address and apply the policies and procedures of the business and what they, as employees, can expect from the employer. It binds both parties to follow the terms of employment until it ends or until the terms are changed. An important clause in employee handbook is the at will statement that is found typically in the back of the book. …show more content…
The at-will doctrine can also give employers the ability to fire employees for reasons that could be discriminatory but they will use this to justify the firings whereas, employers should be bound by anything written in an employee handbook when disciplining or discharging the employee as long as the employee signs acknowledging the agree to abide by the information in the handbook. Hence, according to Johnson & Gardner, 1989, employees don’t sue because of hand book per se, they sue based on the perception that they have been mistreated. The handbook becomes the vehicle for addressing the perceived unfairness.
Employers should evaluate the handbook and update anything that is obsolete while adding things that should be added. This review should be done annually with the organizations legal counsel as laws and corporate goals may have
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.
to the environment and social life. There are different types of stress and its stressors we face in our daily lives. A huge source of stress comes from the workplace. It is caused by work and workload. Many employees become victim of the stress in the workplace both physically and mentally. This is underlying the workplace stress. This essay will discuss internal and external stress.
Describe and explain how this factor can potentially have a positive influence on workplace relationships
The buzzword in the global HR arena these days is ‘employee engagement’. Its impact has become so immense that is has become somewhat indispensible in the realm of the business world where operational efficiency and profit earning are the sole endeavour of any company. The questions are often asked regarding the utility of the employee engagement policies that are adopted by the companies especially in this world of cutthroat competition. These policies have been extremely useful one hand for the organisations; on the other hand they have been a failed drastically as effective HR and internal communications function in lot of companies.
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).
Another large debate in the issues and impacts of obesity is the responsibility of employer’s. Especially for those whose obesity comes from a sedentary lifestyle. Or perhaps need the preventative measures of keeping obesity at bay. A hot topic on the rise is whether or not employers should be mandated to give employees a work-out period in their schedule. The employers could offer employee’s incentives for utilizing resources (a company gym, discounted memberships, and dietician, walking a company track) and by using the resources keep costs low. Though initially it could be costly to take on the responsibility to offer extra incentives to employee’s it could offer long term potential savings. (Villareal, Apovian, Kushner, and Klein 2005) Those whose companies offer various programs and actively engage in them express more happiness, productivity, a greater quality of life, and overall better health. Better health allows for employee’s to serve their employers better. They use less sick pay, keep insurance premiums low, and are more likely to be in tune with their daily job. So while the initial cost may be high, the long term financial gain of a happy, healthy, productive team is hard not to invest in!
Positive organizational behavior is a effective leader in the workplace, because you set up a team strength, and work with partners to achieve goals. Their success brought confidence for the workplace.