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Employment At Will Essay

1607 words - 7 pages

Employment-At-Will Doctrine

Kentrice Jones
Legal 500
Dr. Boneita Campbell

Due Date: Monday, August 04, 2014

Tennessee is considered as an Employment-at-Will, meaning “an employer may legally hire, fire, suspend, or discipline any employee at any time and for any reason-good or bad- or for no reason at all. However, an employee may not discriminate against any employee on the basis of the employee’s race, sex, age, religion, color, national origin, or disability (TN.Gov).” An employer may choose to terminate an employee at any time without notice or consequences. If an employee feels as though they were wrongfully terminated due to any reason justified in as discrimination, they ...view middle of the document...

” However, an employer is not required to pay the employee compensation for traveling to the destination. This means that by law, any employee in Tennessee must be allowed to serve their jury duty, without any consequences.
Anna had a very difficult decision to make, either she would miss jury duty and risk being fined, or go to jury duty and be considered insubordinate by her boss. In both situations, it is a lose-lose situation. The problem with this case is that, Anna shouldn’t have been in this predicament in the first place. It was wrongful for her job to willingly want to terminate her for going to jury duty, which is mandatory, by law. If a person refuses to go to jury duty, they will be found in contempt of court, could be fined, have a warrant for their arrest, have to serve on a later date, or even serve jail time in some circumstances. By law, an employer cannot terminate someone for missing work for jury duty, and that goes for any state.
Anna can sue her company for firing her for serving jury duty, if she provided an adequate amount of time that she would have to miss work. She is a victim of wrongful termination and can take legal action to bring her justice, if terminated. If she can provide proof that she was about to be terminated because she missed work for jury duty, then more than likely, she will win her case. However, her employer may try to make it seem as though they were firing her for some other reason, so before she tries to fight this case, she needs to have proof and evidence that she was wrongfully terminated and also report the situation to a superior. Her employer should’ve made it known about their rules and regulations to employees that have to serve on jury duty and have each person sign off on the document, including the managers.
Case 2: One of the department supervisors requests approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, she gets called into the office and her boss determines that she has refused to prepare false expense reports. In this case, the employee has the right to refuse to falsify any documents if she doesn’t feel that it is legal. It is illegal to make an employee partake in any activity that would go against their ethics. It would be extremely hard to terminate her, since she always has great reviews. By law, she could sue her company, because they want her to go against her will to falsify documents.
Also, it would be right to question the ethics for the company, because if they are willing to lie about something so small, it would make someone wonder if they are telling the truth or not about how they are running their operation. Ethics would have to be the biggest issue in this case. There is not a legal reason to fire her, it may just be a personal reason as to why they want to fire their secretary. Not only is the supervisor wrong, but also the person that is firing her is in the wrong as well. They do not have a...

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