Employment Relationship Within The Workplace

• Harassment: behaviour deemed offensive by the recipient. Employees can claim they find something offensive even when it's not directed at them.

In addition, the “At-Will-Employment Law” gives the employer the capacity to unfairly change the terms of the employment relationship with no notice and no consequences.

Specifically, harassment and discrimination becomes illegal when an acumination of behaviors fosters a hostile or offensive work environment (Acklin, 2016; Dean, Safranski, & Lee, 2014). In this respect,

An “at will” employee is an employee who agreed to a contract in which they can be fired at any time, for almost any reason. The law generally presumes that employees are employed at will unless they can prove otherwise.

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

"Labor Code section 2922, which provides that an employment relationship of unspecified duration may be terminated at the will of either party, establishes a presumption of at-will employment. This presumption may be overcome by evidence of an implied agreement that the employment would continue indefinitely, pending the occurrence of some event such as the employer 's dissatisfaction with the employee 's services or the existence of a cause for termination. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 680, 254 Cal.Rptr. 211, 765 P.2d 373.) `[Factors apart from consideration and express terms may be used to ascertain the existence and content of an employment agreement, including the personnel policies or practices of the employer, the employee 's longevity of service, actions or communications by the employer reflecting assurances of continued employment, and the practices of the industry in which the employee is engaged. ' [Citation.]" (Soules v. Cadam, Inc. (1991) 2

Employment-at-will Doctrine is legal rule, which gives employers broad discretion to fire employees “for a good reason, a bad reason, or no reason at all” (Halbert, Ingulli, & Frey, 2015). The meaning of the term at-will lay in the will of employer to dismiss an employee at any time for any reason. From the other side an employee can feel free to leave a work at any time, without reason, and it will not have any unfavorable legal outcomes. Under at-will employer has right to make changes in the employment relationship agreement without any notification. Such changes can be applied to reduction of benefits, rate of wages or alteration in schedule of work. Employment-at-will may put employees in a vulnerable position. Under at-will conditions, employer has rights to dismiss employee with or without any reason. Such dismissal is limiting employee 's legal rights to dispute termination.

Workers will now be able to complain to Kingston University of conduct that they find offensive even if it is not directed at them, and the complainant need not have the relevant characteristic themselves. Representatives are likewise shielded from harassment as a result of perception and association.

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

The victim must report the problem as soon as she or he can to any manager on duty that he or she feels comfortable with. The problem must be reports within 48 hours of the incident. If it is not reports, the incident will have no follow up. During this process of investigation, the employees in question are not permitted to work on any shift together for any period of time. The employees must not have contact in or out of work and any violation will cause the investigation to cease. If the employee in question of harassing or discriminating, is found guilty, he or she may receive up to termination and the victim has full rights to press legal charges. If the investigation is dropped and the victim is found to be falsifying information, he or she may receive up to termination. Reporting any incident of harassment or discrimination must be truthful and never twisted, lied about, or falsified in any form. Both parties will be required to make a written report and stand in front of a group of other employees randomly selected, and not involved in the situation, to plead his or her case in the matter. Investigations will be handled case by case and may require more detailed

According to According to Rubin (1995), “Title VII of the Civil Rights Act of 1964 covers sexual harassment with respect to compensation, terms and conditions of employment… Sexual harassment is when a person receives unwanted sexual advances, requests for sexual favors, physical and/or verbal sexual overtones” (Rubin, 1995, p.3).

At Will law was situated into place to safeguard both the employee and the employer. By creating the employment at will law; both the employer and employee are able to cancel the contract at any time without consequence. “Employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice”, Rogers, S. 2012.

Harassment may not be limited to just comments or advances. It can also be committed through offensive or vulgar language and different types of workplace graffiti. Also the viewing of pornography or other offensive items, and other seemingly minor things can be very offensive to other employees and be considered types of harassment.

Harassment covers an extensive range of behaviors of an unpleasant nature. Harassment is generally understood as a behavior which upsets, and it is typically repetitive. In the legal sense, any action which appears to threatening.

It’s illegal to harass a potential employee, co-worker, and supervisor. The harassment does not have to be sexual in nature it can include pestering based on a person sex and remarks that constitute as unpleasant. Harassment is only illegal if when it is done excessively and creates problem that may affect the work place, or if a decision was made regarding the employment of the victim and demotion or firing followed.