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Employment at will and due process
Employment at will" doctrine yes or no
Assignment 2: employment-at-will doctrine
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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, ...
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.... Companies with whistleblower policy are view as high ethical and with string moral values that protect the ones that act and speak up when things are done illegally or for personal gain (Newsroom Indiana University, 2009).
References
Halbert , T., & Ingulli, E. (2012). Law and Ethics in the Business Environment (Vol. 7). Mason, OH: Cengage Learning.
National Conference of State Legislatures (2013). The At-Will Presumption and Exceptions to the Rule. Retrieved from
http://www.ncsl.org/issues-research/labor/at-will-employment-overview.aspx
Newsroom Indiana University (2009). New Article Examines Benefits of Internal Whistle- Blowing. Retrieved from
http://www.newswise.com/articles/new-article-examines-benefits-of-internal-whistle- blowing
Wofford Collage (2012). Ethical Theories. Retrieved from
http://webs.wofford.edu/kaycd/ethics/
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.
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.
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
cannot refuse employment to someone if there is not undue hardship for the company to make any
According to Halbert & Inguilli (2012), Employment-At-Will is a rule that was developed giving employers that right to fire employees for a good cause, a bad cause, or even something that is morally wrong. This legal rule allows employers to do this without any legal ramifications. With many changes throughout the years, there are a few exceptions to the legal rule and employees cannot be fired for the state’s Public Policy Exception. This exception means that an employer cannot wrongfully terminate an employee for any reason that is protected under public policy. The Public policy exception means that an employee cannot be terminated because of four major situations: 1) An employee refuses to perform an illegal act at the request of an employer;
The term Whistleblower means “An employee who discloses information that s/he reasonably believes is evidence of illegality, gross waste or fraud, mismanagement, abuse of power, general wrongdoing, or a substantial and specific danger to public health and safety. When information is classified or otherwise restricted by Congress or Executive Order, disclosures only are protected as whistleblowing if made through designated, secure channels. (What is a Whistleblower?)” The idea behind whistleblowers is that they believe trying to inform the public of illegal acts within their businesses has the potential to protect the public from wrongdoing. The following studies analyze scholar’s findings on different factors related to whistle blowing as
Trevino, L., & Nelson, K. (2011). Managing business ethics - straight talk about how to
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Employment-At-Will Doctrine The employment-at-will doctrine is a reasonable rule that gives businesses the capacity to terminate workers. Managers can fire a worker "for a justifiable reason, an awful reason, or no reason by any stretch of the imagination" (Halbert and Ingulli, 2012, p.46). This tenet was created in the nineteenth century under the hypothesis that it would be generally as reasonable for a business to fire a representative for any reason, as it would be for a worker to leave from job whenever. Since the principle is so expansive, there have been a couple exemption.
Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2013). Business ethics: Ethical decision making and cases: 2011 custom edition (9th ed.). Mason, OH: South-Western Cengage Learning.
can disrupt the flow of the company, or create conflict within the company. Management can be unresponsive, even hostile, to whistle-blowers with unfortunate results. The ethical dilemma arises when employees fear retribution because their concerns are not taken seriously and keep information to themselves. Whistle-blowers are willing to sacrifice personally and professionally to expose wrong practices but are often victimized. Organizations punish and discourage whistle-blowers from reporting bad practices which means ethical behavior is not
It could be true that a company is harming a company. Duska argued that organizations cannot rely on loyalty. People do not have obligations of loyalty to companies. Prima facie states that everything is based on the first impression until proven different. (1) Therefore, the loyalty companies are not always viewed as objects of loyalty. Whistleblowing doesn’t need moral justification. Duska compares the idea of loyalty to a company setting barriers and negative attitudes toward the whistleblower. Whistle blowing can cause conflicts with obligations to the employer, and not to reveal confidential information. I think his argument supports the people that whistle blow and their actions are mislabeled, therefore, they are being loyal to their community. Moral justification of right or wrong is hindered by the small amount of loyalty to the
Shaw, W. H., & Barry, V. (2011). Moral Issues in Business (Eleventh ed., pp. 230-244).
The doctrine of employment at-will provides that employers may hire, transfer, promote, or terminate employees at any time for any cause, and employees have the right to resign at any time with or without notice (Reed & Bogardus, 2012)....