EMPLOYMENT-AT-WILL DOCTRINE DUE Employment-At-Will Doctrine Due
Employment at Will Doctrine Due
Summary of the Employment Will
The concept of Employment Will states that the actions of the employer in regards to the dismissal of the employee. They cannot do it without any reason because they would be liable for legal damage. The case would be different when the employee will be dismissed because of a specific reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment 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 during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The court also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment Will.
Evaluation of the Eight Scenarios
The evaluation of the eight scenarios related to the midsize company will be discussed in the following paragraphs. All the eight scenarios were very different and they required specific solutions.
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 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. Therefore, this is the assessment of the first scenario.
In the second scenario, the employee is under protest on a specific company's 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 contract.
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, ...