Employment at Will Doctrine Leg 500

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Date Submitted: 11/27/2012 04:22 PM

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Employment-At-Will Doctrine

Terry Halbert and Elaine Ingulli say, (2012)”Employment-at-will is a legal rule developed in the nineteenth century, giving employers unfettered power to “dismiss their employees for good cause, or no cause, or even cause morally wrong, without thereby guilty of a legal wrong”(pg. 49). Employees' behaviors and reactions can show cause for this law to be enforced. But employers must keep in mind the fairness of their decision to ensure that liabilities or unions do not take action against employers.

Issue:

Can the firm legally terminate Jennifer without legal recourse being sought? As the supervisor of an accounting firm many situations can occur based on issues in regard to the employment-at-will doctrine and liability as an employer based on an employees behavior in the workplace. Upon hiring a new employee, Jennifer, I immediately begin to recognize behaviors that hurt the company's organizational design. Because of the importance of her work, Jennifer has the ability to cause problems for the firm, clients and co-workers; Jennifer demonstrates aggressive behavior. Based on her college education, work experience and training Jennifer is expected to perform her job with ease. Jennifer has limited skills on the computer, is frequently late, questions decision made my management, begins having a consensual work relationship with her supervisor and tries to encourage other employee’s to help form a union on company time. Jennifer demonstrates poor work ethics and the incapability to perform her job duties.

Facts:

The doctrine protect both employers and employees by enabling work relations to be at will. Employers can terminate employment for any reason-good or bad the company deems fit (Halbert & Igulli, 2012).Employees can also quit for any reason they deem fit (Halbert & Igulli, 2012). The employment-at-will doctrine protect the termination of employer-employee relations without retaliation for such actions. Some exceptions do...