Leg 500 Assignment 1

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

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

In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts,

"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.

| |How might managers in an organization use knowledge of employment-at-will and its exceptions | | |

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

The employment at will doctrine is a very interesting doctrine. According to it, employers can fire employees for good, bad or no cause at all. Employees need to pay close attention to the doctrine under which their employment contract was offered or signed. A good example of this is the case of Waddell v. Boyce Thompson Institute for Plant Research, Inc.

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 term "at will" applies both to the person hired and to the person who does the hiring. As the term suggests, both parties have the ability to end the employment whenever they wish because there are no "strings" attached to it (Employee Issues, 2012). In a normal contract situation, a person is employed for a specified amount of time and the individual knows that as long as a contract is in force what is expected and the remuneration that comes with the employment. This type of contract comes with a guarantee of employment as long as the individual meets the requirements of the contract. A contract also guarantees the employer that the employee has to fulfill certain obligations by law. In the case of "at will" employment, there is no contract signed by either party. Even though the employee may interview and have to fill out certain paperwork to obtain the job, they are not contracted for the work. The employee is hired with the understanding that they can leave employment at any time and that the employer can do the same. This also means that the employer is free to change the specifications of the job any time they will (Employee Issues, 2012). Another facet of this type of employment is that the employer is free to choose the type of employee they want. Even if a policy seems discriminatory, the employer is able to apply it if it does not in some way violate the law. As a final note on the definition of such employment, employers will generally

The defendant also has a valid argument that he can dispute. This business is an employment at will employer. This means that the employee can be let go at any time for any reason. Elaine knew that this was an employment at will. When she read the letter and accepted the job, she also accepted all the conditions that came along with it. The plaintiff knew that she could be fired any time. This is the defendant’s argument.

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.

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.

Employment-at-will has been an established segment of common law in the United States, which states that either party to