This website uses cookies to ensure you have the best experience. Learn more

Assignment 1

3525 words - 15 pages

Employment-at-Will Doctrine
LEG 500
May 3, 2014

Summarize the employment-at-will doctrine
Justice Harlin, in Advir vs US. 161 (1908) stated “the right of an employee to quit the services of the employer, for what so ever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee (Halbert & Ingulli, 2012).”
The doctrine of employment at will emerged as the predominant rule in wrongful discharge cases in America during the latter part of the 19th century. With Employment at Will, known as EAW, even if there is cause to fire someone, their reason does not have to be just, in the sense of being appropriate to the ...view middle of the document...

However, there are emptions to every rule, law is left to interpretation, and frankly, it depends.
The most widespread exception to EAW is when the termination of employee violates State or National policy (Muhl, 2001). This is the most widely accepted of termination exception because it is recognized in 43 of the 50 States (Muhl, 2001). For example, employees cannot be fired as punishment for self-organization as ruled by the Supreme Court in NRLB v. Jones & Laughlin Steel Corp 301 US.1, 45-46 (1937) (Halbert & Ingulli, 2012). A person cannot be fired because of their race, national origin, color, religion, sex, age or disability through the Civil Rights Act of 1964. In Bowman v. State Bank of Keysville 229 Va. 534 (1985) a Virginia court asserted its refusal to condone retaliatory discharges by the State Bank of Keysville (Radin & Werhane, 2003).”
Workers are further protected by Whistleblower Acts such as Sarbanes-Oxley (SOX) which protects whistleblowers who report financial misconduct of corporations. The Occupational Safety and Health Administration, OSHA, is responsible for enforcing seventeen whistleblower policies such as the Clean Air Act, Occupational Safety Act, Safe Drinking Water Act, Sarbanes-Oxley Act and the Super Fund. The Equal Opportunity Commission (EEOC) oversees whistle blowers for violations of civil rights laws such as the Age Discrimination in Employment Act, Americans with Disabilities Act, and Title VII. Finally, the Department of Labor provides whistleblower protection through the Fair Labor Standards Act, National Labor Relations Act, Patient Protection and Affordable Care Act and Sarbanes-Oxley Act (Halbert & Ingulli, 2012).
Another exception it EAW is the implied contract of employment. An implied contract can be formed through employer representations of continued employment either given orally, in employee handbooks company policy and procedures or any other written assurances made by an employer to its employees. This exception is recognized in 38 of the 50 States (Muhl, 2001). The leading case for implied contract was Toussaint v. BC/BS of Michigan where the court ruled that “a provision indicating that an employee would only be fired for ‘just cause’ was enforceable and that such a provision could create an implied contract if it engendered legitimate expectations of job security in the employee (Muhl, 2001).” Implied contract was further upheld in Pine River v. Mettilee where an employee handbook contained two sections that included sections titled “Job Security” and “Disciplinary Policy” and the court determined that employment was offered by the company subject to terms in the handbook, the employee accepted the contract because they showed up for work, thus forming a contract (Muhl, 2001). In Woolley y. Hoffinann-La Roche, Inc. the court held that companies are contractually bound by the statements in their employment manuals. In this case, the employment...

Other Essays Like Assignment 1

Assignment 1

1174 words - 5 pages 1/30/2015 ITS 331 – Networking and Essentials Assignment #1 Questions 1) State whether the following network descriptions are describing a MAN, WAN or LAN: a. A network of users that share computer resources in a limited area - LAN b. A network of users that share computer resources across a metropolitan area - MAN c. A network that connects local area networks across a large geographic area - WAN 6) Define the term protocol It is set

Assignment 1

1074 words - 5 pages 1: Instructor-Graded Assignment Nick Milazzo (NAM 744) 1. Some people are pessimistic about the chances of making people virtuous but optimistic about the chances of having good government without virtue. They say that because of checks and balances and all of the other paraphernalia of complex government, civic virtue isn’t really necessary; bad people will keep each other from doing any serious injustice. Do you think this claim is

Assignment 1

1600 words - 7 pages ASSIGNMENT #1 TOTAL REWARDS Describe each of the top five (5) advantages of a total rewards approach. According to the book, WorldatWork, (2007) total rewards are the monetary and nonmonetary return provided to employees in exchange for their time, talents, efforts, and results. It has five key elements; compensation, benefits, work-life, performance and recognition, and development and career opportunities that attract, motivate, and

Assignment 1 - 3318 words

3318 words - 14 pages Contents 1 Introduction 2 A-placement school context, ethos and policies 3 Theories of learning, learning styles 7 Teaching styles and strategies 10 Evidence of professional values and practice 13 Conclusion 14 Bibliography and Reference List 16 Introduction “Observation is in one sense a research exercise.” (Capel, 2009 p.77) The aim of this assignment is to link the

Unit 1 Assignment 1

739 words - 3 pages Unit 1 Assignment 1 Exploring Programming Languages PT1420 Introduction to Programming Pong Sintaisong ITT-Tech Tempe Campus Instructor: Ms. Kate Eskesen 9/23/2015 5 Programming Languages 1970s-2000 1970s Pascal: Niklaus Wirth was is the invertor and was invented in 1971 Motivation: To provide features that were lacking in other languages at the time. Forth: Forth was created in 1970 by Charles H. Moore Motivation: He wanted to

Assignment 1:1 - Bcom

688 words - 3 pages Business Communications and Critical Thinking BCOM/275 – Week 1 Patty Haynes 07/11/13 Virginia Carter Assignment 1.1: Communication Process Model Misunderstanding #1 – Sample Claim Instructions vs. Provider Billing Who was the sender? The sender of the misunderstanding was the Credentialing Department manager. Who was the receiver? The receivers were 4 Network Development Representatives. What was the message? The message was that

Is3120 Unit 1 Assignment 1

792 words - 4 pages Unit 1 Assignment 1 Effects of Routing on Current Communication Methods Used by organizations IS3120 Unit 1 assignment 1 Effects of Routing on Current Communication Methods Used by Organizations Communicating to the consumer is the key element in a successful business. Due to a fast paced world there are modernized techniques that all companies need to adapt and implement when it comes to marketing. There is several ways a company

Assignment 1: Predictive Policing

536 words - 3 pages Students, please view the "Submit a Clickable Rubric Assignment" in the Student Center.  Instructors, training on how to grade is within the Instructor Center. Assignment 1: Predictive Policing  Due Week 2 and worth 75 points The following resources may be helpful in completing this assignment: * Goode, E. (2011, August 15). Sending the police before there’s a crime. Retrievable here. * Pearsall, B. (2010, May). Predictive policing

Assignment 1: Excel Project

1067 words - 5 pages Assignment 1: Excel Project Micro Apps for Accounting: ACC115009VA016-1122-001 Strayer University January 22, 2012 Assignment 1: Excel Project In order to complete the Excel assignment, research had to be compiled in order to complete the task of monitoring and tracking five specific stocks for the 120-day period. After researching several options to collect data regarding SAP AG (SAP), Oracle (ORCL

Ptlls Assignment 1

533 words - 3 pages PTLLS Section 1 Assignment 1 - Roles, Responsibilities & Boundaries in terms of the teaching / training cycle – Trevor Machin Within my occupation as a generic trainer / assessor, my main role is to deliver National Vocational Qualifications. To support my delivery, I employ my occupational competencies and experiences to assist when necessary, either in group sessions or on a one-to-one tuition. In my previous job role I delivered work

Unit 3 Assignment 1

606 words - 3 pages Unit 3 Assignment 1: Networking Models Review 1. Which of the following is true about a TCP/IP network? 2. Which of the following terms is not a common synonym for TCP/IP model? (Choose two answers.) A.D. 3. Think generically about the idea of a networking standard, ignoring any particular standard or standards group. Which of the following is typically true of a standard? (Choose two answers.) B.C. 4. Contrast an

Related Papers

Assignment 1 1233 Words

1233 words - 5 pages Financial Statement Analysis FINA36675 Assignment One Information Assignment Type: Group Assignment – includes a peer evaluation. Due Date: By the end of class during Week 7. Late Submission: Late from 1 minute to 24 hours = 50% reduction on the mark received (e.g., an 8 out of 10 becomes a 4; a 7 out of 10 becomes a 3.5) Late from 24 to 48 hours = 75% reduction on the mark received (e.g., an 8 out of 10 becomes a 2) 0% thereafter

Assignment 1 1202 Words

1202 words - 5 pages . Instructions specific to an assignment are provided with the corresponding assignment. 1. Identify the general legal area under examination and the particular legal issues that are relevant based on the facts presented. For instance, does the assignment question relate to a matter of enforceability of a contract (and are the issues related to offer, acceptance, consideration, capacity, etc.) or does it relate to whether someone is liable for

Assignment 1 607 Words

607 words - 3 pages Business Management Assignment 1. What were Nau's founders' primary motivation for founding Nau? The founders wanted to make Nau a clothing line on steroids, versus a simple clothing line. They wanted their clothing to have a purpose as they committed the company to having a small carbon footprint, give back to the community, while supplying a quality constructed product that both performed well and looked nice. 2. What kind of

Assignment 1 822 Words

822 words - 4 pages Assignment 1 Question 1 A job description for a volunteer counsellor on marriage guidance, The person required for this job must be fully qualified, previous experienced not accentual but would be preferred, good telephone manner required as counselling would be given over the telephone. Question 2 Help for Heroes; a charity that provides counselling to help the recovery of the armed forces. ChildLine; a charity that provide