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Employment at will and due process
Employment at will" doctrine yes or no
Employment at will and due process
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Imagine you work for an employer, you are not in a union, your job is not protected by tenure and you didn’t sign any kind of binding contract for employment. Your manager can let you go at anytime if they want to. Now some people say this is not fair. There is this term called employment –at-will. According to the supervision text employment-at –will is a “legal concept that employers can dismiss employees at anytime and for any reasons, except unlawful discrimination and contractual or other restrictions (Leonard 193).” This was first set forth in Payne v. Western & Atlantic R.R. Co. it was stated “… to discharge or retain employees at will for good cause or for no cause, or even for bad cause without thereby being guilty of an unlawful act per se…a right which an employee can exercise in the same way… (Twomey 584).” Meaning, an employee is under no obligation to continue employment with an employer if they don’t want to; they are free to terminate their employment at any time as well. More than eighty percent of the nation’s workforce is employed at will and they don’t have the backing of a union, the government or individual negotiators to intervene in “no cause” termination. “The National Conference of Commissioners on Uniform State Laws adopted the Model Employment Termination Act, which individual states may enact to protect the millions of at-will workers employed in the United States from being discharged without “good cause (Twomey 585).” This paper will discuss the exceptions used to determine if there was a wrongful discharge, look at cases for examples and the states positions on recognizing exceptions. It does seem unfair for an employer to terminate an employee without cause. But our federal and state governments h...
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Twomey, David P. Labor and Employment Law: Text and Cases. 14th ed. Mason, OH: South-Western West, 2010. 584-85. Print.
In Laduzinski v. Alvarez & Marsal Taxand LLC, plaintiff was looking for a job with defendant, Alvarez & Marsal Taxand LLC. Plaintiff, Laduzinski, claimed that he was lured away from his job under false pretenses since defendants hired him to get access to his contacts. Nine months later, after plaintiff had given all his contacts, the manager of the Alvarez companies fired him because there was no work for him. Laduzinski brought a claim to recover damages for fraud in the inducement. The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
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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
Introduction What does it mean to be an effective supervisor? Before taking this class, I thought that if a supervisor is able get their employees to work effectively, and efficiently, then the person is an effective supervisor. I didn’t realize until taking this class that supervisors do so much more. After learning more about the other tasks supervisors do like planning, being effective listeners, and motivating employees, I have a better understanding of effective supervision. I am aware that I have had supervisory experiences.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
Mortimer, M., 2006. Employment Law and Labor Law. Employlaw.com retrieved December 11, 2008 from: http://www.employlaw.com/hoffa.htm
Axtman, K., & Clayton, M. (2005, August 12). Worker right or workplace danger? (Cover story). Christian Science Monitor, 01-10. Retrieved from https://web-ebscohost-com.libdatab.strayer.edu/ehost
D., Gordon, S. P., & Ross-Gordon, J. M. (2010). SuperVision and instructional leadership (9th ed.). Needham Heights, MA: Allyn & Bacon. ISBN-13: 9780132852135 Gordon, S. P. (1989).
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Glickman, C. D., Gordon, S. P., & Ross-Gordon, J. M. (2010). SuperVision and instructional leadership (9th ed.). Needham Heights, MA: Allyn & Bacon. ISBN-13: 9780132852135
Recognizing that this rule of law is too harsh, courts in the 1960s began to develop an exception to the absolute right of an employer to terminate an at-will employee, in cases where the employer violated a clearly expressed public policy. The process of developing the public-policy exception to at-will employment accelerated during the 1980s and 1990s, not only with judicial recognition of public policy, but also legislatures passing statutes providing whistleblowers with protection from retaliatory discharge (Mauk, 1985).
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition