Law



Law

Scenario1

In the above scenario, employee seems to be unable to learn the computer applications that are basic to her job responsibilities. According to Employment at-will, an employer has a full authority to terminate any of its employee without any reason and whenever they want. Similarly, this is also applicable to the employee that he/she is allowed to leave the organization any time he/she wants, without any specific reason and also without any prior notice. At-Will employment also refers to the notion that employer has a right to change and modify the terms and conditions of the employment agreement without any prior notice to the employee. This leaves the employees to remain vulnerable against such sudden and arbitrary dismissals.

Furthermore, it also paves the way for employers to cut the benefits and pays according to the work that is required from an employee (Rosseau, Santos, & Grossman, 2008). The public-policy exception of at-will employment highlights the wrongful termination of employee against unambiguous situations and clearly defined policies of the State. It also mentions that employees could not be terminated on the grounds which violate the public policy of the State. For instance, an employee cannot be terminated by his employer on grounds of employee who files claim for compensation against being injured during his working hours (Dannin, 2007).

Employment at-will law is the fair dealing and good faith in the relationship of employees and employers. This further elaborates that termination must not be made with wrong intentions in mind or in bad faith. This indicates the notion that termination must only be occurred in the good faith and under certain clause where employee is found guilty of any such action that can lead to the termination (Tomlinson, & Bockanic, 2009).

Scenario 2

In the above given scenario employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. While most employment relationships in the U.S. are "at will", others are governed by a contract between the employer and employee. In America, labor laws allow the employers to maintain either at will or contractual relationship with his/her employees. “At will” means that the employer and employee have a right to terminate their relationship at any time with or without reasonable grounds. “Contract Employment” is an agreement whereby a worker undertakes to work for an employer in return for a wage or salary. Both presents cons and pros to both parties involve in the agreement (Freedland, 2003). At will is more common since it gives freedom to both parties engaged in the contract to liberate themselves at any time from the obligations under the employment conditions. However, American doctrine of at will employment three exceptions under which no party can leave the employment at will (Muhl, 2001).

The contract provides rights and imposes obligations on each party to it. The employer has the broad right to direct the work of the employee: what to do and how to do ...