Employment at Will Doctrine
Course Name: LEG500
Date: February 9, 2015
Executive Summary As a recently-hired Chief Operating Officer (“COO”) in a midsize company preparing for an Initial Public Offering (“IPO”), I quickly discovered multiple personnel problems that require immediate attention. I have provided some recommendations on how to resolve these problems, in light of the employment-at-will doctrine and the current state of whistleblower laws.
The Employment-at-Will Doctrine & the Company’s Personnel Challenges
Employment-at-will The text discusses the employment-at-will doctrine as many states still perceive the doctrine, which in my opinion is summarized by Harlin’s quote within the chapter, “the right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert, 2012, p. 49). The text provides a foundational understanding of the doctrine and exceptions to the doctrine. The doctrine was founded initially to protect workers for being retaliated against for forming unions. The doctrine has evolved into a understood law, where unless discrimination is used in termination, implied promise of good faith and fair dealing is broken, implied contractual terms are broken, or public policy is violated, employees can be fired for nearly any reason an employer see fits. The text discusses how the employment-at-will doctrine varies by state and the variances sometimes create a web of confusion for there to be consensus on what is lawful and unlawful termination. The text makes it very clear, that employers would need to be cognizant of the state constitution and statutes, to ensure they have a good understanding of what is public policy to ensure that would not have tort claims of wrongful discharge brought against them.
Personnel Problems and Potential Solutions –
Problem 1: John posted a rant on his