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Topic: Employment at Will

In Elliptical Electronics Company's employment handbook, it states in bold, “Employment is at will and can be terminated by either employer or employee at anytime for any reason with or without cause.” Later in the handbook, a multiple-step grievance procedure is outlined. Thomas Walker physically assaults a coworker without provocation. The co-worker is hospitalized, and Thomas is discharged immediately under the at-will policy. Thomas, who is black, reports that Elliptical violated its employment handbook by not providing him with a hearing as outlined in its grievance procedure. How would you advise Elliptical?

The employment-at-will doctrine allows the employer and employees a certain limit of freedom and to work upon their will. On the other hand, there are certain essential aspects that are to be considered in the employment-at-will doctrine. If an employer enters into a union contract with a group of employees, or into a formal contract with an employee, the length of the employment and the circumstances in which each party can terminate the employment relationship will be specifically specified.

I will advise Elliptical that discrimination done on color, race, sex, religion, age or national origin bases is not be allowed by the Federal and state law. The employment at-will-doctrine has been considerably deteriorated by statutory and common law protections against wrongful discharge. The unjust terminations have led to exceptions to the employment-at-will doctrine (Muhl, 2001).

Do you think the grievance procedure modified Mr. Walker's at-will employment relationship with Elliptical? When it comes to making such a determination, what factors come into play and are all factors consistent?

I believe that a Mr. Walker's at-will employment relationship with Elliptical is modified as he handbook includes multiple-step grievance procedure is outlined. There are various factors that Elliptical should consider as ethical decision making is essential to the success of a company. Business ethics are the standards and principles that determine acceptable conduct of its stakeholders in business organizations. It is a broad concept that not only includes the culture, but the processes and outcomes denoting a way of acting.

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. ...
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