Employment-At-Will Doctrine Essay Example for Free

practice session-At-Will article of faith EssayAbstractThis paper encompasses what we understand about the Employment-at- leave Doctrine and how its applied to determine the employer and employee relationship. We examine how exceptions to the belief wad be applied to questions relating to effectiveity of judgement of dismissal an employee. study how we limit li baron and wallop to operations by creating a collaborative environment empowering employees to opinion a part of the overall mission and strategy of the smart set. Finally, exploring how to create a whistleblowing indemnity that outlines the process employees can follow to report any actus reus and method for resolution. Summarize the Employment-At-Will DoctrineEmployment-at-will is a doctrine that originated in the early 1900s involving a treatise on master and servant relationship. The main premise of the doctrine is the assumption that the succession of employment is for an indefinite period of time and may be terminated by either the employer or employee. In 1935 the Wagner Act was passed making it illegal to come alive employees because they were involved in union exertion, and is one of the outgrowth laws passed that diminished employment at will. Congress added more laws in the 60s and 70s that protected employees from being discharged for authentic actors, mostly related to bias and whistle-blowing.The doctrine varies in each state with some who have open up exceptions to the doctrine to protect the employee. In addition to these exceptions there are federal and state laws that limit the employers ability to terminate employment based upon race, ethnicity, religion, marital or disability and sexual orientation. As we begin to look backward eight cases involving employment at-will and a COO who must determine whether or not she can de jure kick up her employees by taking into consideration the following exceptions to thedoctrine a) Employer cannot violate public insurance doctrineb) Employer cannot antiaircraft an employee when an implied contract is formed c) Employer cannot fire an employee for ref utilize to commit illegal acts d) Employer cannot fire an employee for family or medical go aroundow e) Employer cannot fire an employee for implied covenant of good faith1. John posted a jabber on his Facebook scallywag in which he criticized the companys most important customer. While John has his 1st amendment honest for freedom of speech, he did not consider the fact that his rant was in violation of the company order of Conduct Policy to negatively discuss their customers. John received a letter of reprimand for his body processs. If his Facebook rant was made on a company computer Jim would be fired.2. Jim sent an email to other salespeople standing a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting. Although Jim sent this email on his companies system which goes against company email poli cy, there is no legal reason to fire Jim. Therefore, he received a letter of reprimand for his actions.3. Ellen started a blog to protest the CEOs bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as know-nothings and out-of-touch. Starting blogs to protest goes against the companys social media policy and defamation of her bosses character which goes against the companys policy. Ellen was fired for computable Cause.4. Bill has been using his company-issued BlackBerry to run his own business on the side. Employees should not even off business calls from their personal wireless device except in emergency circumstances. Running his business using the company issued blackberry while on company time goes against the companys equipment use policy and could be considered a conflict of interest. Therefore, Bill was fired for Good Cause.5. The secretaries in the accounting surgical incision decided to dress in black-and-white stripes t o protest a memo announcing that the company has installed reveal logger software on all company computers. There is no legal reason to fire or discipline the secretaries for their attire since it did not cause a disruption within the workplace6. subsequently being disciplined for criticizing a customer in an email (sent from his personal email account ona company computer), Joe threatens to sue the company for invasion of privacy. Since he was already disciplined for the action, his eluding to suing the company is no grounds for further discipline since he has a right to file a submit if he believes his privacy was invaded. We cannot retaliate against his comment. However, Joe should have no expectation of privacy since he was on a company computer when he opened his personal email account. 7. One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office a nd determine that she has refused to prepare stupid expense reports for her boss. Under the employee at-will doctrine exception, an employer cannot fire an employee for refusing to commit illegal acts. There is no legal reason to fire the secretary. 8. Annas boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission. This is a form of public policy which protects employees from retaliation who have simply performed their legal duty to serve on a jury.There is no legal reason to fire Anna. What action you should take to limit liability and impact on operations specify which ethical theory best supports your decision. The eight cases we reviewed highlighted the differentiate reasons why we must have policies and processes in place that limit liability and impact operations. Creating a collaborative environment allows employees to address their concerns. In addition, establishing a weekly or monthly squad meeting allows employe es to provide feedback on items or topics of concern. It also provides a forum to address company policy relating to the use of email, social media, blackberry and the expectation on how an employee should give birth themselves in the workplace. I would also press establishing annual training/refresher briefings for the entire team on Code of Business Conduct, Social Media Standards and personalised Use of Company Systems. Deontology Theory can be applied and best represents employees who follow his or her obligations to another(prenominal) individual or society because upholding ones duty is considered ethically correct.Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. oblige the position. If we adopted the Deontology Theory, we could apply the emphasis on personal responsibility, justification of others and ability to do more than is virtuously involveed. Employees need to feel valued and part of the overall strategy or mission of the organization. One of the key reasons why Congress enacted the Sarbanes-Oxley Act was the behavior of corporate America. Companies like Enron, Tyco and WorldCom accounting fraud led to them register for bankruptcy and their employees losing their entire life savings. Because of these financial wrongdoings, I would highly recommend adopting a Whistleblower Policy. Employees need to feel they have a place to go to report improper or illegal conduct without fear of retaliation.Having an open door policy and good internal process that addresses complaints including a whistleblower protection/anti-retaliation policy can help organizations protect itself from risk of violating state and federal laws. Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items.As the CEO of a Company striving to adopt a Whistleblower Policy som e of the key elements that should be considered when developing the policy are a) Employee (Persons Covered) To determine who will be covered by this policy and who will be protected for reporting suspected wrongdoing and/or whose actions should be reported under the policy b) Reporting Complaints Process To develop a gain channel through which the employee can report any suspected improper or illegal activity and a person whom they can contact and submit the compliant c) Investigation Resolving Complaints Process To discover a compliance officer or person to lead the investigation and resolution of all complaints. Determine when and how suspected violations will be documented, tracked, investigated and resolved.References* Muhl, Charles (2001). The Employment-At-Will Doctrine Three Major Exceptions, Monthly Labor Review Outten, Wayne N (2007), When Good Deeds Are Punished The Legal Landscape of Retaliation and Whistleblowing, Litigation and Administrative praxis Course Handb ook Series, PLI Order No. 11091 * Sentell, Ed Robbins, Randall (2008). Journal of Legal, Ethical and Regulatory. Employment at-will. Retrieved from http//www.highbeam.com/doc/1G1-190795487.html * Stone, Katherine V.W. (March 2007). Revisiting the At-WillEmployment Doctrine Imposed * Terms, Implied Terms, and the Normative World of the Workplace, Industrial Law Journal