May 1, 2014
Assignment # 1
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 ...view middle of the document...
All the eight scenarios were very different and they required specific solutions.
a. Legal Decision
• The first scenario was related to the post made by the John on his Facebook page in which he criticized the company’s most important customer. The legal termination of the employee can certainly take place under such cases. The only thing which will matter is the reference to the clause mentioned in the contract that clearly content highlights the reasons for terminating the employee on committing a wrong act. This act can come under the employee misconduct because he was not supposed to do such a thing under the company’s policy.
• In the second scenario, the employee is under protest on a specific company policy related to the sales operations. The dismissal of the employee under such situation might not be that easy but they must be discouraged to do such a thing and a negotiation must take place with the employee in order to solve the problem.
• In the third scenario, the case is very much similar to the second problem. The employee is protesting against the bonus given to the CEO. The same solution needs to be adopted because the grievance of the employee must not be ignored. Similarly, the employee must not indulge in any misconduct that can lead towards the termination. A proper procedure must be followed in this regard by the employee that must be based on the contents of the contracts.
• In the fourth scenario, Bill used his company issued Blackberry to run his own business on the side. This issue was dependent on the basis of the company’s policy in this regard. For instance, if there was no content related to this particular act in the Employee contract, then the company cannot take action in this area. Though, if the company’s policy is very clear on this issue, they can certainly take a disciplinary action against the employee. Therefore, the clarity of the company’s policies matters a lot for any organization.
• In the fifth scenario, the secretaries in the Accounting Department protested against the memo which stated the introduction of the key logging software in the company. The factor that also matters is the company’s tolerance towards any protests as some of them are not very strict under such situations. The company needs to detail all the solutions for such problems in their policies. This factor must be clear when the employer makes a contract with the employees. Therefore, the company can either take action against the employees or indulge in the negotiation process to resolve the problem.
• In the sixth scenario, Looking at Joe’s case, it is very similar to John’s Facebook situation. As previously stated, criticizing, or disrespecting customers or colleagues is not tolerated, and does not display the organizations code of conduct or professionalism. As a result, Joe was terminated for inappropriate behavior. In regards to Joe’s threat to sue the company for invasion of...