Tilley V. Kalamazoo County Road Commission (2015)

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.

Employment Law helps to govern the relationships between the employee and the employer with relations to guidelines.

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

You have been asked to produce information about agreed ways of working that protect your own relationship with the employer.

The writer should consider the language, audience, and tone when trying to convey a message in writing (Language, Tone, and Audience 1). Knowing the audience for an employee manual is simple to determine because an employer must simply consider the employees she or he already has, any future employees, and the type of business the manual is being written for. However when assuming an audience for a document that will be dispersed to many different people it is best to address a general audience so as not to offend anyone, and to save the company from any legal issues (Language, Tone, and Audience 3). Once an audience has been determined the language that will be used in the manual should be determined. Language consists of the words used to convey a certain idea. It should be free of bias, slang, grammatical errors, and ambiguity unless the document calls for it, but in the case of employee manuals this is not likely to happen. “Avoid using restrictive language such as ‘will’, ‘must’, or ‘in all cases’. These words may bind you to actions you don’t want to be forced to take” (Workplace-Dynamics). Considering the language of the document is an important step even more important than what information has to be included by federal law. Because an employee manual can be seen as a legal document, it must use language that reflects this purpose. Moreover, clarity and simplicity are important aspects to consider before drafting 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,

1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the

In many cases, employee handbooks do constitute valid employment contracts, especially if the handbook guarantees a particular salary, a minimum period of employment, regular job evaluations, or disciplinary, grievance, or termination proceedings. In such instances, it is difficult to terminate an employee without following the written procedures. In addition, promises of job reviews, raises, training, and promotions can also be binding, so should be avoided by the employer. Employers

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

Employment-at-Will is a legal rule giving employers unfettered power to dismiss there employees at will for good cause, for no cause, or even for cause morally wrong without being guilty of a legal wrong. The exceptions to the employment at will rule was announced in 1935 where employer could use the rule to intimidate or coerce its employees with respect to their self-organization. For example union, collective bargaining agreement protects workers from being fired except for

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

The majority of the jurisdictions in the U.S recognize the existence of certain public policy guidelines that limits the application of employment at will. Examples of such

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

In relation to labor laws, the case explains the required conduct between the employer and the employee during work termination. The employer is required by law to provide the employee with a letter or notice of termination before the actual date. Keating (p. 258) states that the labor laws require the employer to pay the employee the employment benefits based on the number of years of service and the kind of work. In many cases benefits are awarded to employees under both casual and permanent basis. The employer should ensure that the employers are awarded their rightful amounts since it is much left at the discretion of the employer. Therefore, McKee was entitled to a notice of termination and service or employment benefits.