The Discharge From Employment Of A Suspected Wrongdoer

1645 WordsMar 2, 20167 Pages
This paper will discuss the discharge from employment of a suspected wrongdoer, focusing on the difference between private versus public sectors. First, employment “at-will” as it relates to private organizations will be defined. The research presented will lead to discussion of the public policy exception, which is the most commonly accepted limitation to the employment “at-will” standard (Fahleson, 1993). This paper will also examine public employers who are governed by a stricter standard in which “good cause” is required for discharge. Principally, the purpose of this paper is to explore civil rights associated with wrongful termination. Employment “at-will,” or EAW is the legal right of either an employee or employer to terminate their relationship at any time without having to establish a reason or warning in the absence of an explicit contract (Radin & Werhane, 2003). The rule developed out of need to protect seasonal farm employees, but was also extended to protect factory employees (Wald & Wolf, 1985). The EAW doctrine was nearly universal in the beginning of the twentieth century, and the Supreme Court even briefly allowed it constitutional protection (Oswald & Vogelsang, 2013). Generally, employees in the private sector are subject to “at-will” employment with their organizations (French, 2009). This assumption was derived from the court decision in 1884 in Payne v. Western and Atlantic RA Company, in which a Tennessee court upheld Western and Atlantic RA

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