Assessment
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Assessment Questions
Human Resource Law HRM/546
May 6, 2013
Jay Hinkel
How is employment-at-will applied in your organization or with one you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interest of the organization?
Employment-at-will in the organization that I am familiar with is applied in the employee handbook. In the handbook it states that employees are hired as at-will employees. It states that the employee can be terminated at any time and for any reason unless there is a legal reason. By the same token, an employee is free to leave at any time and for any reason without there being in repercussions. There is no time frame for the at-will employment relationship. At-will employment may be modified if there is a written contract that details or limits what rights the employer has. Contracts are usually made with high level executives. Even though an employer can terminated an employee for no reason, they are not permitted to terminate on the basis of race, gender, religion, national origin, age or disability which is covered under Title VII. If it can be proven that the reason for termination falls with an exception, the employee can file a claim for wrongful termination. At that point, the employee can receive damages or can be reinstated.
To what extent do the exceptions to employment-at-will limit its application in the organization?
Often times, at-will employment relations, create severe outcomes. Consequently the courts have made exceptions to the at-will general rules. Not all jurisdictions recognize exceptions. Almost every state has implemented exceptions for public policy. Typically violations to public policy occurs when an employee is terminated for refusing to perform an act that violate the law, exercising or fulfilling a statutory right or duty,...
Human Resource Law HRM/546
May 6, 2013
Jay Hinkel
How is employment-at-will applied in your organization or with one you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interest of the organization?
Employment-at-will in the organization that I am familiar with is applied in the employee handbook. In the handbook it states that employees are hired as at-will employees. It states that the employee can be terminated at any time and for any reason unless there is a legal reason. By the same token, an employee is free to leave at any time and for any reason without there being in repercussions. There is no time frame for the at-will employment relationship. At-will employment may be modified if there is a written contract that details or limits what rights the employer has. Contracts are usually made with high level executives. Even though an employer can terminated an employee for no reason, they are not permitted to terminate on the basis of race, gender, religion, national origin, age or disability which is covered under Title VII. If it can be proven that the reason for termination falls with an exception, the employee can file a claim for wrongful termination. At that point, the employee can receive damages or can be reinstated.
To what extent do the exceptions to employment-at-will limit its application in the organization?
Often times, at-will employment relations, create severe outcomes. Consequently the courts have made exceptions to the at-will general rules. Not all jurisdictions recognize exceptions. Almost every state has implemented exceptions for public policy. Typically violations to public policy occurs when an employee is terminated for refusing to perform an act that violate the law, exercising or fulfilling a statutory right or duty,...