Week 6 - HR Mgmt - Discussion
Everyone,
This week's topic of employment at-will consistently generates good dialogue. Although we focus on the employer's rights and obligations, consider also the employee's obligations. For example, under employment at-will, employees are not required to give notice should they choose to leave an employer. They can just not show up. Is that fair? What impact could just cause have on the employer's ability to run its business?
Looking forward to your dialogue this week.
Analyzing Employment at Will with Exceptions
As you already know, the employment at will with exceptions standard is the legal statute that governs the employment relationships of most non-unionized employees working in private sector.
Post a substantive response of at least 200 words to the Discussion question. Using the course concepts, answer the following questions:
Does the employment at will with exceptions standard provide sufficient protection for employees? Would it be better if all employers were required to meet a just cause/due process standard for termination? Why or why not? Justify your position.
With these thoughts in mind:
Postyour response by Day 4.
Reada selection of your colleagues' postings.
Respond between Day 5 and Day 7to two or more of your colleagues' postings in one or more of the following ways:
- Ask a probing question.
- Share an insight from having read your colleague's posting.
- Offer and support an opinion.
- Make a suggestion.
- Expand on your colleague's posting.
Return to this Discussion in a few days to read the responses to your initial posting. Note what you learned and the insights you gained as a result of the comments your colleagues made.
Learning Resources
Please read and view this week's Learning Resources before you complete the Discussion.
Reading
- Course Text: Walsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage Learning.
- Chapter 18, "Terminating Individual Employees"
Chapter 18 deals with legal repercussions of terminating employees. Employees dread termination because it affects their career prospects and reputations and impacts the future of their families. Most employers also dislike termination because the activity is controversial and most likely to attract legal action by employees. This chapter discusses laws and regulations that address termination issues for individual employees working in private sector and unionized employees working in public sector.
Focus on the Dillon v Champion Jogbra case, which assesses whether an implied contract to terminate the services of an employee exists.Lockheed Martin v. Administrative Review Board case considers the dischargement of an employee engaged in a protected activity.
- Chapter 18, "Terminating Individual Employees"
Chapter 19 delves into the legal aspects of downsizing - a type of termination that results in many employees losing their jobs. The chapter examines whether downsizing is justified and whether employees should be informed in advance about downsizing. In addition, the chapter examines the criteria for identifying the employees to be terminated and the manner in which downsizing is carried out.
Focus on Nanomech v. Suresh which considers a non-disclosure agreement (NDA) and a covenant not to compete contained within the employer agreement.
- Web Site
- FindLaw
http://www.findlaw.com/index.html
FindLaw is a Web portal that provides online legal information and marketing solutions for law firms. The Web site contains updated legal information about many popular legal topics such as will preparation, divorce and family law, employees' rights, and civil rights. The Web site has a directory with detailed profiles of attorneys from across the United States.
Registered users of the site can research a variety of legal topics and act upon their own legal needs with reliable document preparation services. The site also enables its users to post their legal queries and obtain answers from other users.
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