Preview

Leg 500 Assignment 1 Essay Example

Better Essays
Open Document
Open Document
1888 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Leg 500 Assignment 1 Essay Example
Employment-At-Will Doctrine

Tonesha Gadson

Strayer University

Law, Ethics, and Corporate Governance (LEG 500)

Professor Augustine Weekley

July 21th, 2012

Abstract

Traditionally, companies in the United States have possessed the right to terminate their employees at will for any reason, be it good or bad. The Employment-At-Will doctrine encompasses all employees who are not safeguarded by express employment contracts that state that they may be discharged only for good cause. "Good cause" constraints are typically a part of collective bargaining agreements negotiated by employee unions; nonunion workers rarely have this form of protection. The Employment-At-Will doctrine also does not apply to contracts for a specified term, such as an employment contract that contemplates the employee providing service for an expressly designated number of years.

In this assignment, my role as a manager/supervisor of the accounting department of a major accounting firm will be tested based on the actions of Jennifer, one of my employees and a recent graduate of college-working in her first official post-graduation occupation. Upon her approval of employment with the company, Jennifer finds herself in a number of different and unusual acts on the job that need my immediate attention-where effective courses of action are needed. The issues are related to the Employment-At-Will doctrine and the potential liability of the company, based on reactions of Jennifer’s behavior and actions.

Keywords: Employment-At-Will doctrine, civil rights, legal, job duties, liability

Step 1: Describe what steps you would take to address the following scenario involving skills, competence, and abilities

When hiring someone for a position, one of the most significant qualification the employer looks at is his or her skills, competence, and abilities to do the job. The employer mainly relies on

You May Also Find These Documents Helpful

  • Powerful Essays

    Total Number of Square Feet = Area of Room1+ Area of Room2+ Area of Room3+ Area of Room4…

    • 832 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    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.…

    • 1143 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Hrm 546 Cost Club One

    • 1230 Words
    • 5 Pages

    References: Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment Business Law (5th ed.). New York, NY: The McGraw-Hill Companies.…

    • 1230 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities:…

    • 870 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    EALC 305 essay

    • 312 Words
    • 2 Pages

    Yamanoue No Okura illustrates poverty and great suffering that farmers experienced during the Nara period. The poem has been formed as dialogue between a poor man and an even poorer man. In the first stanza, a “poor man” describes his night as bitter cold. However this first speaker mentions “rock salt” (line 8), “lees of sake in hot water” (line 9-10) and “hempen quilt” (line 19) that showing he is not a “poor man” who is starving without foods or suffering without quilts. The voice of first speaker is quiet and miserable. He also mentions “ Aside from me alone, no man is worthy” in the poem. Reader can make conjecture that he might be in higher position than normal farmers in Nara period. First speaker concludes his part of poem with the question to even “poorer” man that how can stands out this poverty.…

    • 312 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A company currently pays a dividend of $2 per share (D0 = $2). It is estimated that the company’s dividend will grow at a rate of 20% per year for the next 2 years, then at a constant rate of 7% thereafter. The company’s stock has a beta of 1.2, the risk-free rate is 7.5%, and the market risk premium is 4%. What is your estimate of the stock’s current price?…

    • 982 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Employment at Will

    • 1581 Words
    • 7 Pages

    1. Describe what steps you would take to address the following scenario involving skills, competence and abilities.…

    • 1581 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Employment at Will

    • 695 Words
    • 3 Pages

    This paper will explain how xxx utilizes employment-at-will; how the exceptions to the employment-at-will doctrine are used to protect xxx and its managers, and will identify how and why xxx employs employees and independent contractors. This hiring strategy contributes to the economic health of the company.…

    • 695 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Employment at Will

    • 1505 Words
    • 7 Pages

    When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of employment.…

    • 1505 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Dillon V. Champion Jogbra

    • 995 Words
    • 3 Pages

    1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the summary of promissory estoppels is incorrect. Champion pointed out that the policies and procedures contained in the manual are for guideline purposes only, not contractual. The policies and procedures are not any part of a contract or a commitment to employees. The courts decided the disclaimer in the handbook could create an implied contract to the employees, even though the disclaimer statements states otherwise. The disciplinary system as outline in the employee handbook was inconsistent with the at-will language relationship, disclaimer statement and the companies progressive discipline policies. Handbooks when originally devised the method to counter labor union efforts, they have “become much more legally binding” as courts have found parts to be, in effect, promises or contracts. As stated by, Allen Weitzman, with Proskauer Rose Law Firm in Florida, “That’s why every word counts,” (SHRM). When issuing employee handbooks employers should ensure every word that is in the handbook count and they are not conflicting in nature.…

    • 995 Words
    • 3 Pages
    Better Essays
  • Powerful Essays

    Employment Law Paper

    • 1419 Words
    • 6 Pages

    The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.…

    • 1419 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention.…

    • 2523 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Employers adopt policies that are to be followed by employees ensuring the protection of all involved. Employment-at-will, the doctrine in American law is defined on the basis that the employment relationship can be terminated by either party with an advanced notice or even without one. Relationships among employers and their employees are dependent upon at will in all U.S. states except Montana. The United States is one of a few countries where employment is mainly at will. Employers will dismiss employees only for cause in…

    • 2425 Words
    • 10 Pages
    Better Essays
  • Good Essays

    Formative Assessment

    • 738 Words
    • 3 Pages

    1. How is employment-at-will applied in your organization or in one with which you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interests of the organization?…

    • 738 Words
    • 3 Pages
    Good Essays
  • Good Essays

    employability

    • 1679 Words
    • 7 Pages

    2. Provide you with a prompt list to help you identify your own examples of your skills to…

    • 1679 Words
    • 7 Pages
    Good Essays