Since all of the information presented supports the fact that the employees that were terminated were in good standing the general manager should address the following issues in order to prevent the possibility of costly litigation due to a charge of wrongful discharge or breech of covenant of good faith and fair dealing:…
Companies Response to an Ex-Employee’s Claim of Constructive Discharge and the Federal Equal Employment Opportunity (EEO) Law…
Linda Dillon sued her former employer, Champion Jogbra, claiming that it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion claimed that Dillon was an at-will employee, and thus could be terminated at any time, and that nothing in the…
This week in class our learning team took a look at how managers often mismanage layoffs. We took a look at what the problem at hand was, why it was a problem, and what some possible solutions could be. We identified that the problem presented in this article is often times managers mismanage the process of laying off staff. Whether it be from a lack of training or not knowing how to deal with people and their different reactions, managers do not always consider the layoff process in its entirety. If not handled well, this process can traumatize the staff that is losing their job as well as the remaining staff. It is important that employers consider the affected employee, the remaining staff, and alternatives to layoffs before the process occurs.…
The problem presented in article by Bouw, Mismanaged Layoffs can go 'Horribly Wrong, is the lack of proper and well-managed policy around employee lay-offs. Most managers are trained to handle a corporate crisis. Employers should approach any job losses with caution and always be respectful. Companies should consider whether job losses are necessary and the impact on operations internally, and how clients and contractors view it externally. Companies need to make sure they are following the law when it comes to laying off staff, including paying out severance as required by each province based on an employee's years of service. (2013)…
5th Edition, New York, NY: McGraw-Hill/Irwin. Retrieved April 1, 2007, from University of Phoenix, Resource, MGT434-Employment Law…
Statistics reveal that approximately four out of every one hundred workers are fired or resign from their jobs each month, and an estimated one million workers are fired from their jobs each year (S.M. SACK 99). Many people who are fired are done so unlawfully. When a company terminates an employee unlawfully it can create astronomical financial burdens from lawsuits filed by these employees. In today 's society employees have many rights and are protected by laws. Managers must understand these laws in order to protect themselves and their companies from such…
2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.…
In regards to the discharges at the Anderson Cost Club store, we believe that the GM did not have the company’s best interest in mind. The two employees do have the right to sue the company for wrongful termination regardless if it is a right to work state. Title VII protects them if they feel they have been discriminated against. The company runs the risk of having to pay for reinstatement or compensatory and punitive damages for the loss they encountered if it is found that they were wrongfully terminated. Again had the GM been mindful of the company, he would have had documentation showing the reason for his decision to terminate the two employees. Perhaps we should consider refresher trainings for the GM to ensure that terminations are not in violation of any basic principles of dignity, respect, or social justice (Bennett-Alexander, 2007).…
Tomlinson, E., & Bockanic, W. (2009). Avoiding Liability for Wrongful Termination: “Ready, Aim,...Fire!”. Employee Responsibilities & Rights Journal, 21(2), 77-87. doi:10.1007/s10672-008-9068-0…
The focus of this paper will be to show how an employee would take a discrimination complaint against his or her employer. The process will be explored from where one would begin with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. In the examination of this scenario, it becomes necessary to define two key terms: discrimination and civil litigation.…
Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. Most countries throughout the world allow employers to dismiss employees only for cause. Some reasons given for our retention of the at-will presumption include respect for freedom of contract, employer deference, and the belief that both employers and employees favor an at-will employment relationship over job security.…
Releasing employees from their work duties without a practical reason is becoming very common in society today. Some employers have dismissed their employees because the Employment at-will clause states that employers can terminate at any…
1. Legal Issues: Linda Dillon sued her former employer, Champion Jogbra, claiming that it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion claimed that Dillon was an at-will employee, and thus could be terminated at any time, and that nothing in the employee handbook created any contract rights. To support this claim, Champion pointed to the prominent disclaimer on page one of the handbook, which stated:…
Various factors exist when considering the justification for employment terminations. Employers can simply invoke their right to terminate employees based on the at-will employment doctrine. However, carefully examining the legal repercussions prior to capitalizing on at-will terminations is recommended. Another significant reason for terminations are behavioral-related offenses by employees, instigating due cause.…