Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Employees rights
Even after you have been terminated from your job, you still have rights as an employee after your termination. Employment termination can be sudden, and other times employees are given warnings and an advance notice. In the case that you are fired, you have the right to receive a final paycheck, the option of continuing health insurance coverage, and may be eligible for severance pay and unemployment compensation benefits. It is important to know all of your rights and options if you may need to seek assistance for any questions about your rights. You may need to talk to an attorney if you believe you have been discriminated against and/or have been subjected to wrongful termination.
There are different sources of employee rights: contract rights, company policy, and statutory rights. Contract rights is an oral or written, express or implied, agreement specifying terms and conditions under which a person consents to perform certain duties as directed and controlled by an employer in return for an agreed upon wage or salary. Companies should have an employee handbook to organize and summarize the main points of information about the company. Employee handbooks are used to combine the
…show more content…
Most of the time employment agreements are "implied" in ways such as verbal statements or actions taken by the employer and employee, through company memoranda or employee handbooks, or via policies adopted during the employee's employment. All states recognizes at-will employment, some states place limitations on it. At-will employment means that either the employer or the employee is free to end the relationship at any time, with or without advance notice, and for any reason (or no reason) at all. The only stipulation to at-will employment is that employers may not base their decision to terminate the working relationship on discriminatory
Radin, T. J., & Werhane, P. H. (2003). Employment-At-Will, Employee Rights, and Future Directions for Employment. Business Ethics Quarterly, 13(2), 113-130.
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
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.
This issue does not have any resolutions or a solution. You could consider taking the advice of an immigration lawyer but you will be putting yourself under the scrutiny of the INS
A contract of employment is an agreement between an employer and employee, forming the basis of an employment relationship; enforceable by law. Contracts of employment may be given orally or in writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written contracts require an employee's signature and the signature of a company representative. Contracts of employment can involve both express and implied terms and can appear in many forms. The express terms, being those which both parties have agreed to, whether by signing a contractual document or acting in a particular way are seldom found in just one document. Terms are repeatedly found in an array of documents, whether they be from the actual formal contract, written statements or an employee handbook. The two latter documents are just some examples of prima facia non contractual documents.
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.
The choice to give up the statutorily-protected rights or face termination must be clear and unequivocal leaving the employee no room for inference or guesswork. In Smith Industrial Maintenance, six employees left their employment due to contract violations that began six to 17 months prior, and this, according to the Board, was indicative that the employees had endured the situation for months making it difficult to determine the reason for their decision to
• One of the exceptions to at will employment is the covenant of good faith and fair dealing exception, encouraging all employers to act in good faith and with fairness when interacting with the workers.
Employment law (EL) is the body of law which oversees the relationship between employers and their employees. Employment law is a broad field but key elements of employment law are the employment rights which are instructed upon both the employee and the employer. The Employment Law covers key elements such as Pay, Discrimination, Equality, Employment rights, responsibilities, health and safety etc.
Introduction Employment law is in place to provide a fair and secure working environment for employers and employees. Rules and regulations and strict rules on how employers should treat employees in the workplace. Many employers and employees are often unaware of how many rules and regulations are covered by the employment law, which confuses employers and employees. Many aspects of the employment law mean that employees can take legal action against unfair treatment.
Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.
Employment at will is commonly known for being an outlet for employers to terminate employees or employees to leave employment at any time, for any reason, without notice. Employers in “at will” states generally apply a written agreement to fashion the law their own. States suggest that the at-will doctrine is designed to help both parties from being involved in an employer/employee relationship that is not beneficial to both parties. When it comes to the medical and law fields, employees are often terminated for following what it is right instead of company policy. When the law is followed over company protocol, employers should encourage, not terminate, ethical behavior.
Ethics in the workplace is a very important thing to have. Without a sense of ethicality in the workplace there are many things that could go wrong. You could even end up losing a job because of a lack of ethics, or other consequences could be felt due to a lack of caring or morality. The workplace is a place that you should show respect and dignity, and a deeper sense of ethics is very important in order to uphold these senses of morality. Workplace ethics, which include such things as behavior, integrity, commitment, teamwork, and other things, are important, if not required, in most workplaces and can help to improve performance and morale for workers and employers.
Whether it’s due to cut backs or performance, there is always a concern that the employee will file a claim or attempt to sue to the company. How a business handles employees during the termination process can have an direct impact on whether the employee decides to file a suit. Sometimes, the person may just be controversial and there is nothing you can do to prevent a bad experience.
Statutory rights relating to employment contracts All employees have a contract of employment. Equally, all employees receive some level of statutory protection against arbitrary and unreasonable treatment by an employer. Statutory protection can be framed in individual terms, examples are shown below: Equal pay/equal value