Management of the Employer-Employee Relationship

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

Due process is the ethical means by which ending employment contracts is best administered. It allows for repercussions for unfair firing practices on the part of the employer, who in all actuality, carries the power in the relationship. Due process allows for an appeal when an employee believes they were terminated without or with bad cause. In essence it polices the employer to act ethically in situations where a person’s wealth and career are at stake. At will contracts in the business world are often defended on the basis that they are equally beneficial to the employer and employee. This is quite obviously not the case in modern business and economic conditions. It is stated by Richard Epstein in “In Defense of the Contract at Will” that if a person enters into a disastrous and one-sided contract that they are free to exit the contract and pursue other means of employment.3 This is hardly the case, however, as when a person has a family, and of course themselves, to support leaving a disastrous situation is not always

The legal process within the human resources department tries to format strategies and alliances that avoid negative activities affecting the employers and employees; however, exhibitions using common sense or compassion can conflict with these guidelines creating inappropriate behaviors. If this becomes the case, disciplinary actions begin bringing about other matters of legal issues. Nevertheless, once an individual believes they have been illegally mistreated, they become more apt to submit a lawsuit for purposes of revenge, financial struggles, or inapt employment securities (Alboher, 2012).

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.

A number of factors impact on the relationship between employees and employers. Below I have listed intenal and external factors which impact on the employment relationship.

Discrimination in the workplace is typified by failure to treat individuals equally due to biases against various group membership (Triana, Jayasinghe, & Pieper, 2015). The United States enacted the Civil Rights Act of 1964, known as Title VII, to outlaw workplace discrimination of individuals with respect to compensation, terms, conditions of employment, or privileges of employment because of race, color, sex, religion, or national origin. Following Title VII, the Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII protocols in the public and private sector (Crumpacker & Crumpacker, 2007). Proceeding 1964, several addendums were legislated to include protection against discrimination for individuals with respect to: sexual orientation, age, disability, pregnancy, and genetic information (Brooks, Doughtery, & Price, 2015). The engagement of any employer in discrimination against members of any previously listed affiliations is not only deemed unethical, but is also considered unlawful in the United States.

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 National Conference of State Legislature, NCSL, defines at-will employment as, “a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason that is, without having to establish "just cause" for termination, and without warning.” In addition, the NCSL reports that all states with the exception of Montana are under the “at-will” stature in regards to employment. This doctrine poses various social problems, which include: job security, increased financial stress, and uncooperative work environments.

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

When an employee starts a new company, there are several external and internal factors that impact on the employment relationship. Relationships affect both management and worker’s performance. The quality of these relationships have an effect on the organisation.

References:Paul Blyton and Peter Turnbull (2004) "The theory of employee relations" The Dynamics of Employee Relations (3rd edition) PALGRAVE MACMILLAN Printed in ChinaJohn Gennard and Graham Judge (2002) "Employee Relations Strategies and Policies: Management style" Employee Relations (3rd edition) London: Cromwell Press, Trowbridge, WilrshireEd Rose (2004) "Theoretical Approaches to employment and industrial relations" Employment Relations2nd edition Prentice HallRasmussen & Lamm, (2002) "R&L,

Warhane and Radin, in their article “Employment at Will and Due Process”, suggest that one of the major reasons employment at will is acceptable is that it protects the proprietary rights of employers. In particular “the proprietary rights of employers guarantee that they may employ or dismiss

An employment relationship describes the dynamic, interlocking economic, legal, social and psychological relations that exist between individuals and their work organizations. Palgrave Macmillan (2013), Glossary [online] Available at: < http://www.palgrave.com/business/brattonandgold/glossary/glossary.htm> [Accessed 17th September 2013]. Factors that impact on this relationship both have a detrimental effect to the running of a business. I will focus on two internal and two external. These being:

Employment relation is one of the vital and critical parts of HRM. For making an effective and healthy relationship between employers and employees, it is important to understand the perception of employment relations along with its importance in an organisation (Wang & Chen, 2005). Thus, if an organisation fails to understand its significance of employment relations and unable to manager employer and employee relationship efficiently, this might lead to impact on the organisation power and will deter its strength and profitability. According to Singh (2011), employee relations is basically a study of regulations, agreements and rules through which employees are accomplished with collective and individual group, importance imposed to individual

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.