...Assignment Two: Employment-at-Will Doctrine Linda M Zaccarillo LEG500 Law, Ethics and Corporate Governance Note: This assignment is submitted on July 31, 2014 to Professor Sliben in fulfillment of a requirement for successful course completion. Assignment One: Employment-at-Will Doctrin In this paper I will be acting as a recently-hired Chief Operating Officer in a midsize company preparing for an Initial Public Offering. I will also I will analyze the emoloyment-at-will doctrine, determine if any exceptions and liabilities exist, and give a brief definition. I will also discuss Pennsylvania employement-at-will doctrine. Employment-at-Will Doctrine Employment-at-will doctrine means the common law rule that holds that whenever an employment relationship is of an indefinate duration, either party- the employer or the employee-may terminate the relationship at any time,for good cause or bad, in good faith or with malice(Halbert & Ingulli, 2012. p 46). John John is not protected by the employment-at will doctrine. The reason that I can fire him is because his interent blasting is a direct violation of company policy. There is no privacy when posting on the internet. When you post things on the interent you are posting for the whole world to see. John is not covered by any laws to protect him from being fired. There is also no way that he ccan contest the firing because he is violatiating the...
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...bookkeeping and accounting firm in the local community, that has been in business for over 10 years. We offer employment opportunities to up and coming accountants in hopes that they will become a part of our magnificent firm and/or move on representing our firm as a great educator of successful accountants. Recently we have experienced a few challenging employees and this report will discuss how we address those issues with those employees according to the situation, our company policies and the employment at will doctrine. Upon employment with our company, in any capacity, employees are orientated on our mission, goals and values, their responsibilities and expectations, as well as, educated on the employee handbook in great detail. All employees are giving in written and are signed in agreement that employment with Magnificent Bookkeeping Accounting Firm Inc., is at will; that neither the firm nor the employee has an expressed or implied a contract of employment and employment can be terminated at any time by either party. Skills, Competence, and Abilities Magnificent Bookkeeping Accounting Firm Inc., has an excellent recent graduated hiring program. The program offers the graduates the opportunity to work while gaining experience in the accounting profession. The graduates are expected to meet set goals, attain certain skills and complete assignments. Although, many companies would think of the program as a major risk for the company, Magnificent Bookkeeping Accounting...
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...Job Competency and Employment-At-Will Professor Ilya Enkishev, Strayer University LEG500, Assignment 1 April 16, 2012 Assignment 1, Scenario 1: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: As a manager and supervisor, it is my responsibility to see that employees in my department are successfully contributing to the firm. The new employee, Jennifer, has been hired under the assumption that she is capable of fulfilling the specific responsibilities within her position. I would first meet with Jennifer to discuss the status of her projects. During this session, I would encourage her by stressing the importance of her position and how its contributions directly influence the success of the firm. The two of us could review her project timelines and the steps and skills needed to meet each deadline. By reviewing the late and incomplete status of her assigned tasks, she would gain a broader, more objectionable understanding of how her work is assessed by the firm. I would assure her that her individuality...
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...Employment-At-Will Doctrine Michele Evans Strayer University LEG 500 - Law, Ethics, and Corporate Governance Prof. Moses Cowan April 25, 2013. Abstract As a manager and supervisor of an accounting department within the company J & M Designs, it is necessary to meet with the newly hired graduate Jennifer Thomas. She was hired by our firm right out of college and is close to the end of her probationary period. However, it has been brought to management’s attention that she engages in a number of behaviors that need correcting. For each of her behaviors, management will describe what steps it will take to address the situation. Our company, J & M Designs, has experienced tremendous growth. To help us we recently hired a new graduate by the name of Jennifer Thomas. She was hired approximately 90 days ago by our firm. This is her first professional job since graduating. Although our firm is happy to give her this opportunity, her supervisor and other employees have experienced behaviors that need to be addressed. The employment relationships in Kentucky, like the state of Florida, have long been governed by the traditional “at-will” doctrine. Under the at will philosophy, “where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract.” Smith v. Piezo Technology and Professional Administrators, 427 So 2d 182 (Fla...
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...Employment-At-Will Doctrine Michele Evans Strayer University LEG 500 - Law, Ethics, and Corporate Governance Prof. Moses Cowan April 25, 2013. Abstract As a manager and supervisor of an accounting department within the company J & M Designs, it is necessary to meet with the newly hired graduate Jennifer Thomas. She was hired by our firm right out of college and is close to the end of her probationary period. However, it has been brought to management’s attention that she engages in a number of behaviors that need correcting. For each of her behaviors, management will describe what steps it will take to address the situation. Our company, J & M Designs, has experienced tremendous growth. To help us we recently hired a new graduate by the name of Jennifer Thomas. She was hired approximately 90 days ago by our firm. This is her first professional job since graduating. Although our firm is happy to give her this opportunity, her supervisor and other employees have experienced behaviors that need to be addressed. The employment relationships in Kentucky, like the state of Florida, have long been governed by the traditional “at-will” doctrine. Under the at will philosophy, “where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract.” Smith v. Piezo Technology and Professional Administrators, 427 So 2d 182 (Fla...
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...Assignment 1: Employment-At-Will Doctrine Due Week 3 and worth 200 points As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. * For each category of behavior, describe what steps you would take to address the situation. Write a four to five (4-5) page paper in which you: 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: I have been observant of the behavior and work ethic of your new employee Jennifer. She is a recent college graduate and she has been unable to learn basic computer applications that are vital to her everyday job functions. I am aware that you offered Jennifer training opportunities and well as supported her to perform better but that still has not assisted her. The next steps that need to take place in order for Jennifer to be productive are to counsel her on the work assignments she has and advise her that her performance is inadequate. Explain the reasons why her work is inadequate. Specifically state what she is doing and what is unacceptable about the work she is providing. Explain to Jennifer what is expected...
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...to waive such rights are invalid. The employee is discharged. [Edelberg v. Leco Corp., 236 Mich. App. 177 (1999).] * b. A nurse is asked by her employer to sign a backdated Medicare form. She refuses and is terminated that day. As a healthcare provider, she is required to complete that particular form. [Callantine v. Staff Builders, Inc., 271 F.3d 1124 (8th Cir. 2001).] Exceptions to the Doctrine of Employment-at-Will States vary in terms of their recognition of the following exceptions to the doctrine of employment-at-will. Some states recognize one or more exceptions while others might recognize none at all. In addition, the definition of these exceptions also may vary from state to state. * • Bad faith, malicious, or retaliatory termination in violation of public policy. * • Termination in breach of the implied covenant of good faith and fair dealing. * • Termination in breach of some other implied contract term, such as those that might be created by employee handbook provisions (in certain jurisdictions). * • Termination in violation of the doctrine of promissory estoppel (where the employee reasonably relied on an employer's promise, to the employee's detriment). * • Other exceptions...
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...Employment-At-Will Doctrine In the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl, 2001]. Public-policy exception Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State. For example, in most States, an employer cannot terminate an employee for filing a workers’ compensation claim after being injured on the job, or for refusing to break the law at the request of the employer. The public-policy exception is the most widely accepted exception, recognized in 43 of the 50 States [Muhl, 2001]. Implied-contract exception The second major exception to the employment-at-will doctrine is applied when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Although employment is typically not governed by a contract, an employer may make oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken. If so...
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...Assignment: Assignment 1 Title: Employment At-Will Doctrine Student: David Nti-Berko Professor: Anne E. Dewey-Balzhiser Course: LEG 500 – Law, Ethics, and Corporate Governance Submission Date: 07/28/2013 Introduction Since the latter part of the nineteenth century, employment at-will has been the starting point in America employer-employee relationships (D. Mathews, 1975). Under the doctrine of employment at-will, an employer may terminate employees for good cause, bad cause, or no cause at all. Most western industrialized countries do not observe employment at-will doctrine. According to the legal history, employment at-will doctrine is a legal fiction unintentionally invented by Horace C. Wood in his legal thesis in 1877 on employment law entitled “Master and Servant” (Toussaint v. Blue Cross & Blue Shield of Michigan, Mich. 1980). At-will employees can be terminated for any reason or no reason at all. This means that in an at-will workplace there is no esoteric form of fairness or justice that can be protected or enforced by the courts. In the states whereby employment at-will doctrine is observed, an employer or supervisor can terminate an employee because they do not like their style of dress, choice of music or maybe even the color of their shirt, and the employee would have no real legal recourse in most instances. Because employees can be terminated for no reason, it does create a dilemma for...
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...organizations. A student who is absent from four consecutive class meetings, excluding holidays and emergency cancellation of classes, will be withdrawn automatically from that course. A student will be withdrawn automatically from a mini-session course when he/she misses two consecutively scheduled class meetings. Students not attending scheduled on-ground classes will receive zero points for the weekly discussions. Students arriving to class (or leaving class) more than 30 minutes late/early will receive a 2 point deduction for all discussions. Students arriving (or leaving class) more than 1 hour late/early will receive a 5 point deduction for all discussions. Late Work Submissions If a student anticipates the need to submit work after the due date and the reason for the late submission is covered by the illness/exceptional circumstances policy, then the late policy for academic assignments covered herein does not apply. Students who submit work after the assigned due date that is not covered by the exceptional circumstance...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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...Assignment # 1 Employment-At-Will LEG 500 Professor Brasca 5/9/14 At-Will Employment Doctrine is fairly unique to the American employer-employee relationship. The United States remains the only country that adheres to the at-will employment doctrine while most industrialized nations still require employers to show good cause before the employers can terminate employees. At-Will Employment Doctrine allows employers to terminate employees for any reason, or no reason at all. In an at-will work environment, there is no fairness or justice that can be protected or enforced by the courts. For instance, an employer can terminate an employee because they dislike the style of dress, or the way one behaves (Pitchford, 2005). Scenario 1: John posted a rant on his Facebook page in which he criticized the company’s most important customer John should be terminated because he violates the Ethic of Care by leaking critical information about the on social media. The social media could damage company reputation and it may lead to financial losses. Customers have to right to sue the company for sharing their information on Facebook without the consent. John jeopardizes the company and the customer’s relationship (Halbert, P25). Scenario 2: Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting In this scenario, manager needs to have a one-on-one discussion with...
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...Strayer University-LEG500 | Assignment 1 | Employment-at-Will Doctrine | Question 1 Since the employer has completed the required training classes and the employee is still unable to complete their duties then the only option the employer would have would be to terminate the employee. Based on the employment-at-will doctrine the employer has the right to terminate the employee at any time. Since the employee cannot perform the duties she was initially hired for then the employer has the legal right to find a qualified replacement. The employer could prove that she was unable to complete her required duties even after months of being trained therefore the employer would have legal rights in terminating the employee. The employee would not have much of a case if for whatever reason they decided to sue the employer. The employer did everything in their power to train and help the employee but in the end they weren’t qualified for the position. If the position required specific skills the employer should have been more specific and selective when choosing an employee. They should have made sure they had all the skills or at least most of the skills needed to complete the required daily duties. The small amount of skills they didn’t have could have been acquired within a short amount of time with necessary training. This case doesn’t fall into any of the exceptions when it comes to employment-at-will. The employer hired an employee and they were unable to complete...
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...Law, Ethics, and Corporate Governance Professor Nekia S. Hackworth, Esq. Assignment 1: Employment-At-Will Doctrine Strayer University: LEG500 October 31, 2012 Employment-at-will is a legal rule that developed in the nineteenth century; giving employers unfetter power to “dismiss their employee at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong (Halbert & Ingulli, 2012, p. 49). The most common protected categories are those that protect an employee's civil rights based on age, race, sex, religion, national origin, color, disability including the Americans with Disability Act (ADA), or pregnancy. An employer is also prohibited from discharging an employee for whistle blowing, or because the employee has filed a claim for workers' compensation. Acts that run counter to public policy, such as sexual harassment, are also exceptions to the employment at-will doctrine. Finally, an employer may not terminate an employee where an implied employment contract exists (Sarbanes-Oxley Act of 2002, 2006). 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her.” Even after a few months of training and support, she is unable...
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