Employment Termination

After the manager has discussed with the employee the reason for termination it is important to allow the employee to express his/her feelings. During this time the employee is allowed to say something in his/her defense. Also allows the employee to vent frustration about the termination. This will lessen the likelihood that employee will try some sort of retaliation. Additionally, is there was some misunderstanding on either the manager or the employees part this would be the time to clear it up.

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.

To protect companies for wrongful discharge claims they must do so in a professional and respectful manner. Companies must be sure the employee understand they are being asked to resign and why. For instance, stating the detailed reasons about what the employee did wrong and how long the inappropriate behaviors happened. Insure that the reasons for termination were all in accordance with the supervisory manual made and provided by companies.

On the other hand, the success of the company is in large part due to the hard work of the staff who would lose their employment. In addition, it must be determined who would perform the work of the dismissed employees and if the company would be able to function without them. Moreover, the morale and productivity

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

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

The company has the right to terminate an employee as long as the termination does not discriminate or

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

Texas is an at will employment state, which means that an employer or an employee can terminate work without having to provide a reason for termination (Runkel, n.d.). Although another interpretation of this is, “in an at-will employment situation, either party may terminate the employment at any time for any reason except discrimination” (Johnston, 2002, para. 3). Appears to be simple, yet it is more complex than it sounds. After reviewing the case Laredo Medical Group v. Mirelas, it becomes clear that just because by law, a reason does not have to be given to the employer or employee for termination of work, the reason for termination is relevant. Josefina Mirelas sued Laredo Medical Group under the accusation that they terminated her employment

2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.

One of the things everyone looks forward to is having security. However, the job market has not been strong enough to give job security. Since the Market crashed in 2008, there has been an increase in “at will” employees. At will employment means that the company or the firm has the right to terminate your employment at any given time for any reason with or without a legit cause. At will also give employees the flexibility to quit their job as they wish without giving any notice or reason. In “Employment at Will and Due Process” by Patricia A. Wethane and Tara J. Radin expresses their views on “At Will” employment. Radin and Werhane mention several views on ethical treatment of employees, in principle and in practice, against at will employment. In this article they believe it violates certain rights that employees have, it violates the principle of fairness, and there are certain legal objections.

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

What if the employer dismissed an employee without following some procedures proscribed by the contract? The case of Gunton v Richmond-upon-Thames London Borough Council (1980) provided an answer on this matter, “if the contract

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