Employment-At-Will Doctrine: Case Study
Assignment 1: Employment-At-Will Doctrine
LaToiya Beidleman
Professor Augustine Weekley
LEG 500
February 1, 2014
Assignment 1: Employment-At-Will Doctrine In the late Nineteenth century, the majority of the United States implemented the employment-at-will policy. This common law was established to provide equal rights to the employee and the employer when it comes to terminating a position without prior notice. In many cases, employees are not hired based on contracts which give the employer the right to end the position at any time. According to Muhl (2001), “The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the …show more content…
She should not be fired for refusing to do something that she felt was unethical or against her morals. The manager should be investigated to discover why the need for false expense reports has arisen. Employment Torts would protect the secretary from being fired for refusing the manager’s request. Dannin (2007) states, “These torts protect employees who blow the whistle on employer violations of law or public policy; who refuse to commit an unlawful act or violate public policy; who fulfill a public obligation, such as jury service; or who exercise a statutory right” (Dannin, 2007). Additionally, the secretary is protected by the Public Policy Exception to the employment at will doctrine. The Public Policy exception states “an employee cannot be terminated if such a termination would be counter to public policy” (Swift, 2010). Falsifying documents is a violation of both company and public …show more content…
Companies have a right to protect themselves against any retaliation from employees in the form of social media, blogs, emails, word of mouth, or any other avenue but employees also have a right to be protected from unlawful terminations. There are three specific exceptions to the employment at will doctrine, to include the Public Policy exemption, Implied Contract exemption and the Covenant of Good Faith exception. These exceptions protect employees from employers who terminate them with malicious intent or for retaliation
LaToiya Beidleman
Professor Augustine Weekley
LEG 500
February 1, 2014
Assignment 1: Employment-At-Will Doctrine In the late Nineteenth century, the majority of the United States implemented the employment-at-will policy. This common law was established to provide equal rights to the employee and the employer when it comes to terminating a position without prior notice. In many cases, employees are not hired based on contracts which give the employer the right to end the position at any time. According to Muhl (2001), “The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the …show more content…
She should not be fired for refusing to do something that she felt was unethical or against her morals. The manager should be investigated to discover why the need for false expense reports has arisen. Employment Torts would protect the secretary from being fired for refusing the manager’s request. Dannin (2007) states, “These torts protect employees who blow the whistle on employer violations of law or public policy; who refuse to commit an unlawful act or violate public policy; who fulfill a public obligation, such as jury service; or who exercise a statutory right” (Dannin, 2007). Additionally, the secretary is protected by the Public Policy Exception to the employment at will doctrine. The Public Policy exception states “an employee cannot be terminated if such a termination would be counter to public policy” (Swift, 2010). Falsifying documents is a violation of both company and public …show more content…
Companies have a right to protect themselves against any retaliation from employees in the form of social media, blogs, emails, word of mouth, or any other avenue but employees also have a right to be protected from unlawful terminations. There are three specific exceptions to the employment at will doctrine, to include the Public Policy exemption, Implied Contract exemption and the Covenant of Good Faith exception. These exceptions protect employees from employers who terminate them with malicious intent or for retaliation