Employment at will doctrine

Topics: Employment, At-will employment, Human resource management Pages: 4 (1137 words) Published: August 11, 2014
Question # 1- Summarize the employment-at-will doctrine
According to the employment-at-will doctrine, all employees have the right to quit their position for whatever reasons and, on the other hand, employers have the right to terminate their employees for whatever reason (Halbert & Ingulli, 2012, p.49). The State of Georgia is considered to be a work to right state, meaning that employees have the right to leave their position without giving out a notice. Employers can eliminate an employee from a position without giving a notice according to Georgia law (Reuters, 2014). Question # 2- John posted a rant on his Facebook page in which he criticized the company’s most important customer. According to the Employment-at-will doctrine an employers can terminate their employees for any reason, however there are three exception to the rules. They are public-policy exception, implied-contract exception, and covenant-of-good-faith exception. Public - policy exception to employment at will is applicable when an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhi, 2001). Implied – contract exception is formed between an employer and employee, even though not expressed, written instrument regarding the employment relationship exists. Although employment is typically not governed by a contract, an employer may make oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken (Muhi, 2001). Covenant-of-good-faith exception and fair dealing represents the most significant departure from the traditional employment-at-will doctrine. It has been interpreted to mean either that employer personnel decisions are subject to a “just cause” standard or that terminations made in bad faith or motivated by malice are prohibited (Muhi, 2001). However, Georgia doesn’t recognize any of the three exception of the employment-at-will...


References: Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment (7th ed.). Mason, Ohio: Thomson/South-Western West.
Muhi, C. (2001, January 3). The employment-at-will doctrine: three major exceptions. Retrieved July 29, 2014, from http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Patterson, P & Sanders,D ( 2008) Empty Promises Of Employment-At-Will. Retrieved
July 29,2014, from http://www.southernlawjournal.com/2008/03_.pdf
Reuters, T. (2014). At Will Employment in Georgia - FindLaw. Retrieved July 29, 2014, from
http://statelaws.findlaw.com/georgia-law/at-will-employment-in-georgia.html
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