Employment At Will

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Employment-At-Will and Progressive Discipline

Employment at will defines a structure upon which an employee can decide to leave a job when he or she wants to for any reason, and it also works the other way where an employer can terminate his or her employee for any particular reason without a specific cause or notice ( Shepard et.al (1987). Shepard et.al (1987) states that the objective and aim of the employment-at-will doctrine is the prevention of wrongful terminations as well as employment lawsuits that may occur between employees and their employers.

According to Shepard et.al (1987), employment-at-will has some key exceptions in employment which function at the state as well as the federal level which can sufficiently be prevented from being utilized as a defense within a lawsuit. Harcourt et.al (2013) indicates that the first exemption is the public-policy exception. This exception comes into implementation when an employee is wrongfully discharged from his or her work when the cause of termination runs against an explicit and public policy that is well-established by the State (Harcourt et.al, 2013). A good instance of such a case would be the fact that in several states, an employer is in no position to terminate his or her employee for having filed a workers’ compensation claim due to an injury attained while at work, as well as when an employee standing against breaking the law as per the request of his or her employer.

The second exemption is the implied-contract exception which applies when an employer-employee contract is formed which is a written instrument in regards to the existing employment relationship (Harcourt et.al, 2013). However, Harcourt et.al (2013) explains that even with employment typically not being contract governed, an employer is in a position to make both oral and written representations to their employees in regards to their job security as well as procedures which will be implemented in a situation where adverse employment actions are undertaken.

The third exemption is the covenant-of-good-faith exception. Harcourt et al. (2013) point out that specifically eleven States recognize this exception; furthermore, this exception deals with the representation of the most significant departures derived from the traditional doctrine of employment-at-will. According to Shepard et.al (1987) instead of a narrow prohibition.............


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