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At will employment issue
At will employment issue
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Essentially in many organizations they are considered at will employment. Employment at will means that the employer can generally terminate employees at any time without reason or explanation. Also, it means that employees can also end their employment at any time, without reason. Although, there is some major consequences and risks associated with unlawful employee dismissals. Thus, a major legal risk includes being sued by the employee (Jacoby, 2017). Further, some other legal risk involves loss of company property and trade secrets and destruction of company reputation (Jacoby, 2017). Nonetheless, the act of wrongful discharge is somewhat of a legal misnomer (Moushon & Asher, 2007). Generally, “the law considers most employer-employee …show more content…
Even if an employee leaves on their own free, thereby them still having access to organizational information can still pose a risk. Despite if the employee has no intent to utilize the data it still poses a hazard to outside individuals gaining access to it and having their way with it to do unforseen things. Therefore, by other entities gaining access to it and utilizing information because possibly there are insufficient safeguards at your home than those instituted in the organization poses an even greater threat to the organization. Therefore, despite if the employee left on good terms or not, all property of the organization and access should be cut …show more content…
Gruppen et al., (2008) contends that it is important to note that disclosure alone may not undo the potential bias that occurs with conflicts of interest” (p. 651). Furthermore, disclosure is imperative in order to notify others entities to potential bias, and allows for some remedial action, such as closer scrutiny of findings, or exclusion from processes, but disclosure does not eliminate bias (Gruppen et al, 2008). In many cases, the only true way to strip away the conflict of interest is to remove oneself of the relationship. Likewise, there is a danger that merely disclosing conflicts of interest will lead to a false sense of security(Gruppen et al,
Constructive discharge, or constructive dismissal, means that the employee resigned from their position as a result of the employer creating an intolerable and difficult environment. Constructive discharge is viewed as the employee being pressured to quit due to the employer making changes to the working conditions or responsibilities, but from a legal position, the employee quit due to forced termination, or fired without good cause. ("TimsLaw.com » Constructive Discharge - Being forced to quit - Tim 's Missouri Employment Law Info Site," n.d.)
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate...
As a recently hired Chief Operating Officer (COO) in a midsize company, multiple personal problems are quickly discovered that require immediate attention. As an astute manager, there is a need to analyze the employment-at-will doctrine and determine if there are any exceptions and liabilities before taking any action. In addition to the personal problems, it is discovered that the company has a no whistleblower policy. By the end of this paper, you will be able to review a summary of the employment at will doctrine, review scenarios of the personal problems of the company and determine if the employee could be legally fired, get an overview of ethical theories, identify whether or not the company should adopt a whistleblower policy, and review justifications of at least three (3) fundamental items that should be included in a whistleblower policy.
punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by the affected state or locality of
...gree and believe that they could get real results if everyone would consistently apply the company’s principles. I have learned personally in the business world consistency means a lot, all employees should have the same consequences. By letting go employees, managers and executives shows that the rules apply to all levels. It will cause everyone involved to have more respect for the company even if they don’t agree with the decision.
In the United States, employment is “at-will,” unless an exact employment contract has been entered by both the employer and employee. When entered as an at-will employment; the employer does not need a specific reason to terminate an employee. If an employer terminates an employee for a definite reason that is unsuitable, the at-will policy does not
First things first, termination of employment and employment contracts. There are a lot of significant differences in this domain between the US and EU, but foremost is that in the United States there is no legal requirement for an explicit labor contract. Most employment is on an at-will basis, which means that either the employer or employee can terminate the employment without any prior notice at any given point of time if the reasons for this are lawful. Notably, American federal laws and the US Fair Labor Standards Act do not mandate that employers should notify their employees before termination. An employer can fire an employee for any reason other than discrimination, retaliation, defamation, breach of explicit contract or fraud. On the contrary, in...
Disregarding one’s feelings, opinions or perceptions completes the definition of dismissal lying. In Book Three of 1984, O’Brien tortures Winston during his stay in the Ministry of Love, in an attempt to assimilate him to Big Brother’s society and to stop his rebellious spirit. O’Brien exemplifies the concept of the dismissal lie by disregarding Winston’s point of view on the society and his personal pain tolerance while he tortures him through forceful drug injections after failing to answer questions correctly. During the torture, O’Brien asks “'How many fingers am I holding up, Winston?' 'Four.' 'And if the party says that it is not four but five -- then how many?' 'Four.' The word ended in a gasp of pain. The needle of the dial had shot
The two other main reason given by Epstein in his paper supporting employment at will contracts is morally impermissible. He argues that the administrative costs of employment at will are cheap. In other words, being able to fire anyone at anytime without the political process behind it is simply cheaper than treating employees with respect and dignity. In saying that administration costs for due process are too big of a burden shows simply that employment at will contracts treat employees as property to add and remove as the employer pleases. This idea can be dismissed based on ethical grounds alone and in todays business environment is not conducive to the cohesive units that many employers hope to become.
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s...
Introduction Conflict of interest generally describes an individual with a vested interest that harms the execution of its official duty as an employee, as a professional or as a public official (McDonald, n.d.). Personal interest can be financial or non-financial driven. It is also possible that an individual might be unaware of what appears to be a goodwill act can be perceived as a conflict of interest. Hence, conflict of interest must not be taken lightly. Furthermore, conflict of interest does not necessarily mean only in actuality but also those situations that are reasonably perceived or with potential.
An employer may dismiss an employee for a fair reason - this means the dismissal is substantively fair and if the employer has followed a fair procedure - the dismissal is procedurally fair.
In this case, Saito Sdn. Bhd. unilaterally terminated the benefits enjoyed by Roslan. When Roslan believes that her employer is accused of breaching an implied term of the employee’s contract of the employment as her employer had removed the benefits from her and generally it clear that the employee is no longer important. Therefore, constructive dismissal occurred. In this situation, Roslan was advised that make a formal complaint to her employer requesting that the problem be rectified. For instance, Roslan should write a formal letter to her employer asking for the reinstating the previously benefits. If no satisfactory rectification is made, the employee can walk off the job. The law of constructive dismissal requires the employee to leave in a timely manner. She must not delay too long.
Employee turnover in organization is one of the main issues that extensively affect the overall performance of a workplace (Tariq, Ramzan and Riaz, 2013). Various studies show that employee turnover negatively affect the overall efficiency at the organization (Tariq, Ramzan and Riaz, 2013). Xiancheng, (2013) mentioned the employee turnover is a method of personal issues who decided to stop associate with the company for better advantage. There are two types of turnover which are voluntary and involuntary turnover. Voluntary turnover can be defined as the termination of the official and the psychological contract between the employee and employer (Krausz, 2002; Macdonald, 1999; Mclean Parks et al, 1999; Rousseau, 1995) while involuntary turnover inescapably lead to direct negative results such as current job is insecurity, work difficulty, and status fluctuation (Gowan and Gatewood, 1997). However, other researchers such as Haven-Tang and Jones, (2012) concluded poor management, lack of salary, bad working environment and paucity of job opportunities could be the highest causes of turnover among organization. This statement was support by Kusluvan et al., (2010) where is they had stated that poor management, low payment of salary, work environment and lack of employees’ job opportunities on the organization will make employee want to quit from their job. Turnover intention situation will appear when labour had feeling that they want to quit from current job, so voluntary and involuntary turnover will become final stage for them as their decision (AlBattat and Mat Som, 2013) but it is different for researchers such as Mosadeghrad, Ferlie and Rosbenberg (2013) when they conclude that employee turno...
In management, effective leadership involves the daily responsibilities of monitoring employee productivity, dealing with customers and handling the technical aspects of business. Being a manager can be fun, rewarding and socially interesting. A good manager is positive and provides support and motivation for employees. However, one of the responsibilities of a manager, along with hiring, is firing. It is commonly accepted that “employment termination is usually excruciating for everyone involved” (Zins). However, by using a structured method this process can go smoothly and with as little stress as possible.