Summary of Employment-At-Will Doctrine

Topics: Employment, Privacy / Pages: 8 (1782 words) / Published: Nov 25th, 2013
Employment-At-Will Doctrine
Professor Thomas Demko, Strayer University
LEG500, Assignment 1
October 30, 2013

Assignment 1: Summary of Employment-At-Will Doctrine The famous philosopher James Allen inspired the society by his writings satisfactory performance to be rewarded with job security, in early 20th century. The US courts regarded relationship of employer and employee as being on equal footing for bargaining power. However, jobs were terminated for any reason by either parties and that eventually resulted in employees forming a union in the 60s. The union requirement for “just cause” and procedures for arbitrating wrongful discharge seeded first legislative protections, which are described below. Public policy, created by the court in the late 20th century for establishing a balance between employer’s interest in keeping business profitably, the employee’s interest in earning a livelihood, and society’s interest in maintaining public policies. The definition of public policy is varies from State to State, however most States let judges to declare it beyond their constitution. Implied contract, implication by hiring official or in handbooks that employment will continue as long as employee’s performance is adequate or it will end only for “just cause”, and the employer is obliged to follow specific procedure before disciplining or discharging employee. This is practiced in 38 of 50 States, for some courts regard that benefits conferred for the parties cannot be the rights of traditional contract, and employer has to make it clear that their policies do not create contractual obligations. Covenant of good faith and fair dealing protects extended employment based on pure trust from abuse by employer, thereby prohibits termination motivated by malice. 11 States recognized this exception. Florida appellate court justifies the exception as “The traditional at-will



References: Muhl, C.J., (January 2001). The employment at-will doctrine: three major exceptions. Monthly Labor Review. Retrieved from http://www.bls.gov/opub/mlr/2001/01/art1full.pdf National Conference of State Legislatures, (2013). The at-will presumption and exceptions to the rule. Retrieved from the official website of NCSL http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx Halbert, T. & Ingulli, E., (2012). Chapter 1 and 2, 3-78., Law and Ethics in the Business Environment (7th Edition). Strayer University Bawen, Radabaugh and Milton, P.C., (2012). Employer liability for employee use of company-owned computer equipment. Retrieved from the official website of BRM http://www.brmattorneys.com/newsletters/employment-law/employer-liability-for-employee-use-of-company-owned-computer-equipment/ Business Owner’s Toolkit, (2012). Using Policies to address employees’ personal use of business equipment. Retrieved from the official website of BizFilings http://www.bizfilings.com/toolkit/sbg/office-hr/managing-the-workplace/personal-use-of-business-equipment-policies.aspx Dowling, JR. & Donald, C., (Winter 2011), How to launch and operate a legally-compliant international workplace report channel. International Business Times, 45(3). Privacy Rights Clearinghouse, (revised October 2013) Fact sheet 7: Workplace Privacy and Employee Monitoring. Retrieved from the official website of PRC https://www.privacyrights.org/content/workplace-privacy-and-employee-monitoring#2b Barnett, T., (Autumn 1992), Why Your Company Should Have A Whistleblowing Policy. Sam Advanced Management Journal, pp. 37-42. Retrieved from ethics.csc.ncsu.edu/old/12_00/basics/whistle/rst/wstlblo_policy.html‎

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