Wednesday, January 16, 2019
Employment at Will Essay
There argon several concerns and issues that had been analyzed by the new COO of the organization. M all aspects invite to be c arfully considered before making sound decisions of any strict action or termination in effort to avoid statutory actions. According to Connell and Castro, issues strike to be carefully investigated by exploring relevant understand such as co- p comp angiotensin-converting enzyment parttarians (Castro & Connell, 2009, p.31). This forget ensure that federal agencys with misunderstandings are non the issue. However, the conclusion made by the COO should be practical and deep down reason, not made on impulse or suddenly, and in bound with the Employment-at- entrust doctrine. Although, employees can be dismissed at any time for some(prenominal) reason if there arent any statutes that would prohibit the act, careful check out of the concerns listed under is needed for the betterment of the beau monde and its strategic plans.John stick on a ran t on his Facebook page in which he criticized the stations most important customer. Jim sent an electronic mail to other salespeople protesting a change in commission schedules and bonuses and suggesting anyone boycott the next sales meeting.Ellen started a blog to protest the CEOs bonus, noting that no one below director has gotten a raise in two (2) years and portraiture her bosses as kat once-nothings and out-of-touchBill has been using his association-issued BlackBerry to run his own product line on the side. The secretaries in the accounting segment decided to dress in black-and-white stripes to protest a memo announcing that the order has installed keylogger software system on all company electronic computers.After world disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.One of the department supervisors requests your approval to fire his secretai re for insubordination. Since the secretary has always received incandescence canvass, you call her into your office and memorise that she has refused to prepare false expense reports for her boss. Annas boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission. Summarization of Employment-At- Will DoctrineIn any kind of barter relationship, employment is a fleck to moment employment contract between the employer and the employee. Therefore, the employment- at will doctrine allows the employer to do whatsoever it find oneselfs to the respect of the employee. Putting it differently, the doctrine permits an employer to terminate a role player for any reason good, bad, or without reason as long as the termination is indoors the legal parameters (Urhuogo, 2010, p.29). In other words, if nothing else applies to the situation at hand such as a specific jurisprudence of court case that would support the termination (Anti- D iscrimination Law), then the employment at will doctrine will succeed.However, elisions at the federal, state, and city aim such as specific statutes or laws and common laws (contract and domain policy) allowed for modifications to be implemented to the employment-at-will-doctrine in effort to pr even offt an employer in terminating a worker under the more precise exemption. At the federal level championship VII (Civil Rights Act), which includes race, sex, national origin, and religion are saved. In addition, workers are protected under the Age Discrimination and Employment Act, Americans with Disability Act, and National assiduity Relations Act, which protects workers that participate in a union.Most state laws are paralleled to those laws implemented at the federal level. However, some states take over expanded their laws to get ahead modify the employment-at-will doctrine for example some states eat included knowledgeable preference as being protected, which is not co vered under the federal law. Common law exception, which is applied to all levels is based on anteriority and therefore, does not need  o apply. An example would include a referee handing down a verdict in his or her jurisdiction creating an exception to the employment-at-will-doctrine. The decision made by the judge would therefore become a binding on employers, which is independent or separate of the laws or statutes that was created by the legislative body. In conclusion of the employment-at-will doctrine, if the workers termination does not fall within the statutory or common law exception, the employment-at-will doctrine will default. recommendation and Implementation Firstly, many of the concerns and issues referenced above could concord possible been extendd if a whistleblowing policy had been implemented. Realizing and executing this policy within the study, allows for whistleblowers to exhibit a role of importance that could eliminate unethical or illegal behaviors within the workplace before any issues become too difficult to handle. When organizations cut through to have employees that display a characteristic of being unethical, they position the organization to be at risk in a negative manner legally, financially, and unrestrictedally.The incident of the matter is that wrong doing occurs in many organizations, but workers at whole levels should feel comfortable and confident that their work milieu is not one of being hostile. Therefore, including a whistleblowing policy should be safe for the worker in knowing that if or when a matter is reported internally any fructifyive action can be quickly executed thereby, create workers to become more ethical. In addition, ongoing ethics training for workers at ALL levels in effort to enhance a moral environment or climate should be applied so thatObjectives and strategic plans are met and the trump way to ensure that they are met Leaders are walking the walk and talking the talk (setting examples for all) Workers will feel as though their communication and responsibility is of value to their place of work.Finally, the assurance of the policy should be an image of the company and therefore, being upheld than just words on a piece of paper. The whistleblower should feel confident and safe that when an investigation is done, it will be conducted in an objective manner and investigated by one that has abruptly no influence on the outcome. This too will give a feeling that confidentiality is of value within the organization to the whistleblower. After careful review of the employee issues and concerns, the following recommendation has been madeFirstly, the real boss in my scene is the customers and especially the uplifted profitable ones because they are the major source of buying. And if your high profitable consumers decide to take subscriber line to your competitors then you basically have fired yourself. Although, John decided to criticize the most important cust omer, it is best to terminate his position due to the fact that at that moment a competitive disadvantage had been created.Jim and Ellen have some real legitimate grievances that need to be address by the company in effort to determine if other employees have the same concern and if so, developing ways to correct the issue. However, both Jim and Ellen have real concerns in reference to pay and therefore, it should be addressed. I desire that they both need to be coached and whitethornbe even disciplined on the way of handling their concern but, I feel that they are both protected under the retaliation law and public policy.In Bills cases, grounds for termination can be expected expect he did not get permission first. The use of the companys cellular in effort to start his business is considered theft. Misusing the companys resource for personal business causes the business to lose time and money.Im afraid it is perfectly legal for an employer to monitor company computer usage whil e you are at work, you do not have the right without permission to do your private work on your companys computer. Therefore, the accounting department need to be coached on the expectations of the company but also understand that they are not obligated to continue their employment with the organization if they feel disapprove of the key loggers.I believe that Joe has the right to sue the company due to the fact that it was his personal email that had been reviewed. I believe that if Joes criticism had been done on the business email then corrective action must stand. In order for the business to prevent personal email usages, it should be clearly outline in the employee handbook as well as explaining the extent of computers being monitored. Employers should make sure that workers clearly understand the policy.The information provided by the secretary should be investigated thoroughly. If her claim is true, then she would be protected by the misdemeanor of public policy. The secre tary cannot be terminated due to the fact that she declined to active false expense reports for her boss. However, the boss should and need to be investigated and terminated for his actions to eliminate a hostile work environment.Anna exercised her legal right under public policy law reporting to jury duty. However, Annas boss whitethorn ask for proof of jury duty and unless the employee handbook state otherwise, the employer does not have to compensate Anna. Termination in this case would be illegal.In Conclusion, understanding the employment-at-will doctrine and carefully executing the parameters of the doctrine can unperturbed leave the employer with sense of being uneasy and becoming apprehensive that an employee will attempt to sue. According to Wood and Karau, it is imprtant to respect employees during the process of which the termination is winning place because it will show the employee that their work was appreciated while they were functional for the company (Wood & Karau, 2008, p. 521). This can help or assist in preventing legal actions when respect is given. According to Urhuogo, Giving employees reasons for termination may result in employees to be understanding of the situation (Urhuogo, 2010, p.33). However, in the end, every employers and workers must display a demeanor that is ethical and suitable for the company and themselves.