Employment-At-Will Doctrine Essay

Employment at will refers to employment practices that allow the employer and employees to terminate their employment at any given time. Company’s therefore can terminate an employee’s employment at any time for whatever reason or no reason at all. Richard Epstein favors employment at will and advocates for the principle. Epstein argues the proprietary rights, that employers have right to spend their money the way that they want. This means they have all control and decision making when exchanging money for certain labor. Epstein also mentions how employment of will acts as a freedom. For example, At will employment allows employees to freely choose to quit their job whenever they want as well as employers get to fire at anytime, therefore

The employment At-Will doctrine is in place to allow employment relationships to be restricted. It allows employers and employees to terminate a relationship at any time without cause. The doctrine will allow employees to quit without any fear of being held liable for any inconvenience or disruption to the business at the time of quitting. This doctrine also allows employers to make any changes towards an employee’s term of employment (N, 2017). However, some exceptions could prevent an employee to make those changes if the employee is covered in that particular area. Doyle A

Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals

charging the company for every work call he has to be on in order to fix any issues with the system.

To protect interests of employees, the most of the states recognized the exceptions in employment-at-will, that helps employees to confront termination and retaliation. There are several exceptions, which can help employees in such unfair bargain. One of them is a public-policy exception. Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhl, 2001). Most states accept public-policy, which protect employees from unlawful discharge. Employee cannot be fired when he

If an employee has unlimited minutes/texts on the personal cell phone, Employer will reimburse employee for a reasonable percentage of the employee’s cell phone bill. An employee has two options: (1) an employee may submit an itemized bill of all calls/texts and identify which of the calls/texts are business calls/texts, with the employee calculating the percentage of calls/texts that are business as compared to all calls/texts and then multiplying that percentage by the dollar amount of the bill for the services used for business, or (2) an employee may accept a flat monthly reimbursement amount of $25 per month. If an employee’s business use ever exceeds $25 per month, the employee must use the first option and provide the itemized bill to Accounting as part of the employee’s expense reimbursement request

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 at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

•Gender Discrimination-Diane is female and has been with the company for some time. Diane would have to prove that we are terminating her because she is female. This would be very hard to prove because we have not discriminated based on gender and there are two other employees male and one of them is minority in the process of being terminated. Another fact is that the HR department has two other female employees. Diane is also aware that she had a minor attendance performance where we worked with her and still kept her with the company. The company also has other females working in the stores and this indicates that we do not discriminate against gender.

Employment at will is essentially a rule that strips employees and employers from their rights to due process when it comes to workplace termination. Under this principle employers may let any person go for any reason at any time during their employment with or without just cause. Your stature at the company, time worked, personal conduct; none of those things have to be taken into consideration if you are let go. This means that if an employee does not agree with their grounds for termination, they have no legal right to fight it in a court of law. Employment at will also allows employees to quit their job at any time, again regardless of having just reasoning or not. The only case where an employment at will principle would not apply is if an employee, when hired, signed a document that stipulates other specific terms and conditions regarding grounds for termination/quitting. An important thing to make note of is just as if an employee had signed a contract, they are made aware before being brought on full time, that they are an “at will” employee. These soon to be employees are voluntarily signing that they abide by what is defined in the employment at will principle.

In February 2012, RIM suffered two significant business losses. First, it lost another U.S. governmental agency contract. The Chief Information Officer of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives said that it will no longer be using BlackBerrys for its smartphones (Rubin). Beginning in March of 2012, the ATF will begin replacing BlackBerrys with iPhones, with the process to be completed in a year. The ATF is not the first government agency to choose to end its relationship with BlackBerry and choose iPhones instead. According to RIM, it still provides BlackBerrys to more than one million governmental customers, and the BlackBerry remains the only tablet

Blackberry was the first one to introduce the email services in the handset, making communication extremely easy for all its customers and it became very popular amongst the corporate executives, as now accessing work (emails) was just a click away. With this innovation blackberry found its market mainly amongst the corporate users. They came up with various corporate plans and were extremely successful. The world became a small place with wireless connections. (Gustin, 2013).

Employment-at-will is a law that stipulate that as long as a employee is not been discriminated he or she can loose their job and any given time. This paper aims to analyze 8 different scenarios and determine whatever or not an employ can lose his or her job based in some behaviors, actions, or inactions that had lead to a somewhat hostile, aggressive, and even disrespectful work environment. At the same time the paper will address the importance of whistleblower police for any organization. While the employment-at-will allows employers to terminate their staff at any moment, at the same time it protect the staff from any type of discrimination.

Blackberry is highly dependent on government and corporation contracts. Even with attractive phones with high security levels, RIM is not guaranteed to receive long term contracts with the government