Business Management Employee Relationships

Risk in Employment Relationships

3 Oct 2010

University Of Phoenix

Scenario #1

An at-will employee in the USA can be terminated at any time, and for any reason – or no reason at all – and the courts will generally not intervene to protect the ex-employee from allegedly unfair treatment by the employer. In its narrowest sense, the doctrine of at-will employment only speaks to when an employment contract can be terminated: the contract can be terminated at-will of either party, i.e., at any time. A separate issue is why (i.e., for what reasons) the employment contract can be properly terminated. From the beginning, the concept of at-will employment meant that the employment contract could be terminated for any reason by either party. Pat signed the document explaining the at will employment and discharge policy. If he believes his off duty behaviors have contributed to his firing, he can take legal action against Newcorp for wrongful termination. The hard part about this angle is proving that is why Pat was let go.

Jennings views the "at will doctrine" quite differently: it is a monster having a lawful face and a wicked heart. Jennings argues, without attempting to establish, that modern conditions enable employers generally to impose, through contracts of adhesion, the "at will" employment relation. Having then the legal right to terminate the relation "for any or no reason," employers use the right to coerce employee submission to degrading work conditions, such as the invasion of privacy feared by Jennings. Jennings, 765 S.W.2d at 502, n.3.

Scenario #2

While there are no federal or state laws that prohibit employee dating, there are no laws preventing employers from forbidding employee dating; especially between managers and their direct reports. Employee dating is more detrimental in certain occupations than others, so check to see if any company policies exist prior to asking your fellow co-worker out to the movies.

No means no!" One more time:...