Employment at Will Essay

An “at will” employee is an employee who agreed to a contract in which they can be fired at any time, for almost any reason. The law generally presumes that employees are employed at will unless they can prove otherwise.

According to him, EAW is an American law that safeguards the employee and the employer – defining their relationships and protecting one against the other. He premised that either the employer or the employee are free to break their contract with any advance warning – stating that “Freedom of contract is an aspect of individual liberty every bit as freedom of speech or freedom in marriage selection of a life partner …” (pp.260). He argues that not only does contract at will encourage the freedom of association, fosters employee flexibility, ensures cost for hiring and firing are drastically reduced, it is also ensures there is a level – playing field for when employees/employers bargain. Since employee can do the same thing, then it follows that it is balanced, for according to Epstein, the employee is open and free to work with anyone they so

In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts,

Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also

In conclusion, Zachary explains that the employment at will law can be a shield against employer exploitations, discrimination, anti-union practices, and punishing whistleblowers. The author would like to see more employees challenged employer as it link to the employment at will law, especially, if the employee believes they have been treated

An employment-at-will doctrine is a common law that states an employer can hire, fire, promote, or demote an employee at anytime for any reason as long as there is a law or doctrine that does not oppose it. As an employer can fire an employee for any reason at any time, likewise an employer can quit a job for any reason at any time. ‘The economic philosophy of laissez-faire provided theoretical support for employment-at-will.” (Ingulli, 2012).

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

The purpose of this qualitative research study is the identify disparities within the at will employment law. These disparities are increase job loss for employment recovery, unwarranted termination, and sudden dismissal. The literature provides as synthesis of relevant studies in the area of the at will employment law disparities. A review of literature make known potential at will employment law plans, however, the literature retrieve form ProQuest, EBSCO and GALILEO is limited in the five year scope of the at will employment law research.

At Will law was situated into place to safeguard both the employee and the employer. By creating the employment at will law; both the employer and employee are able to cancel the contract at any time without consequence. “Employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice”, Rogers, S. 2012.

In a society where there is diversity in terms of social functions, personal beliefs, professional skills, and socioeconomic backgrounds, etc., and where individuals act out their unique personalities with a high degree of autonomy, mutual relationship are largely regulated through contracts. Due to the prevailing differences, there hardly exists a set of concrete social norms grounded in identical values that regulates the details of social interactions and constrains individual actions. Rather, contracts set binding limits on the duties and obligations both at the present and in the future for individuals reaching mutual agreements. The binding nature of contracts specifies certain conditions that limit the autonomy of individual choices and hence establish order in social interactions.

Meaning of “at-will” policy: From the point of view of an employment contract, an at-will policy means that the employer can terminate any given employee from the organization at any given point of time, for any reason and it maybe with or without notice. The reason for termination does not matter in case of an at-will policy.

Whether from an employee handbook or an employment contract, most people are often unaware that they are an at-will employee. What exactly does being an employee-at-will mean? It simply implies that your employer could decide to terminate your employment with or without your notice and for any cause whatsoever. In this case, many times, the employers will have an upper hand over the employee and there is absolutely nothing they can do to absolve themselves from the impending situation. If any, there are very few remedies that could win you back your employment. That, of course, is unless the employer broke labor laws or did something to violate your employee rights.

Employment laws have been established not only to protect the employees but the companies in the same manner. Employment laws can be traced back as early as the 1800’s beginning with the abolishment of slavery. Since, there have been many laws that have been enacted by the government to ensure that people are treated fairly and have safe working conditions. In the U. S. the majority of employees and employers operate under what is considered to be a master servant relationship. With this concept the employee is the servant and is supposed to complete duties under the guidance and the benefit of the employer. Employment laws are important in order to keep a balance and limit unethical practices.

There are multiple legal, practical and ethical advantages to employers of using an at will employment relationship. One legal advantage is that at-will employees can be replaced if they are a poor performer. There are several practical uses in the at-will employment relationship. Ethical advantage means the company making the correct decision even though it is not by the law. One major advantage to at-will employment is that employees are not consider a full timer. Therefore employers do not have to provide benefits for the contractors. Another advantage is that if the employer is not satisfied with the contractor’s work then the employer can terminate the contractors at any time. Even if the employer terminates the contract at any time, the employer is not responsible to provide the contractor a severance package. Another advantage is also allows flexibility for the employers. The employer can allow the employee to come into work at any time the employer wants or need the employees. Also

At will employment provide the right to both employee and employer to terminate the employment any time for any reason. It means employer cannot force to work and employee don’t have to give any time for leaving the job. These are some situation where employer cannot terminate the job base on any discrimination. Title VII of the Civil Right Act protect all the employee from any kind of discrimination based on the color, sex, nationality origin, and also American Disabilities Acts make it illegal to discriminate employee because of disability (Miller,2014).