Employment At Will Doctrine
Since the “employment-at-will doctrine’’ introduced in the 1900’s, the relationship between employee and employers is viewed as being on equal-foot in terms of rights to cease or terminate labor. Termination is the process by which an organization releases an employee from his duty against his or her will. Causes for termination include poor job performance, inability to perform job responsibilities, misconduct, relocation, absenteeism and so on. Concerns about “wrongful discharge’’ began to increase during the mid twentieth century urging protective legislations and court regulations like the federal Wagner Act of 1935 (including Title VII of the civil right act of 1964) to establish circumstances and reasons judged legally wrong to fire
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Overtime, Human resources managers have come to understand better the relations among employees and employers and have adopted legal rights and documented proofs over assumptions to avoid legal consequences when dealing with employees. Nowadays, among all human resources managers’ tasks, firing employees is one the most challenging one with the presence of labor unions, the Federal Wagner Act 1935 making illegal for companies to fire employees because of union activity, the Title VII of the Civil Right Act of 1964 prohibiting discrimination in employment, the Americans with disabilities Act (ADA) which prevents discrimination against disabled persons and other laws. Nevertheless, prior to any termination process, managers to protect themselves and their company legally, use recommended tactics such as accumulating adequate documentation on concerned employee, reprimanding for misconduct following by written notes, meeting, oral warnings, letters which will kept and use ultimately as a tool of defense in case of judiciary actions taken by dismissed employee. Indeed, undesired reactions such as employee shouting obscenities, asking for unreasonable explanations, being angry, are often found when firing and can lead him or her to file a law suit or call for collective bargaining or grievance procedures against the company. Collective bargaining as the negotiation process through which management and unions reach an agreement about working hours, compensation, and working conditions for the bargain unit mostly applies to employees belonging to labor unions and is usually under contract
Overtime, Human resources managers have come to understand better the relations among employees and employers and have adopted legal rights and documented proofs over assumptions to avoid legal consequences when dealing with employees. Nowadays, among all human resources managers’ tasks, firing employees is one the most challenging one with the presence of labor unions, the Federal Wagner Act 1935 making illegal for companies to fire employees because of union activity, the Title VII of the Civil Right Act of 1964 prohibiting discrimination in employment, the Americans with disabilities Act (ADA) which prevents discrimination against disabled persons and other laws. Nevertheless, prior to any termination process, managers to protect themselves and their company legally, use recommended tactics such as accumulating adequate documentation on concerned employee, reprimanding for misconduct following by written notes, meeting, oral warnings, letters which will kept and use ultimately as a tool of defense in case of judiciary actions taken by dismissed employee. Indeed, undesired reactions such as employee shouting obscenities, asking for unreasonable explanations, being angry, are often found when firing and can lead him or her to file a law suit or call for collective bargaining or grievance procedures against the company. Collective bargaining as the negotiation process through which management and unions reach an agreement about working hours, compensation, and working conditions for the bargain unit mostly applies to employees belonging to labor unions and is usually under contract