Equal Employment Discussion 3

Equal Employment

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As the human resource (HR) legal consultant, it is very important to really understand the rights of employees in any employment relationship. Elora Jean & Co. has to be aware of the legal causes of employee termination, employment-at-will as well as its exceptions are equally important. Just- cause is a very imperative term in the termination of employment context and it is usually a provision in an employment contract. It therefore refers to the situation where an employee violates the rules or policies of a company. For example and employ in Elora Jean & Co. commits a violation that is not specifically addressed within the policies of the employer, it might prompt discipline or even termination of employment. However, the standard of just cause has provided protections to employees against any arbitrary and uncouth termination hence it has been included in the labor union contracts as a very good form of job security (Levine, 1991).

Employment-at-will is a good term that has been used in the United States labor law for many contract employments whereby an employee can be dismissed by an employer for any reason and without warning. It is seen that when an employee is employed-at-will, then in the event of dismissal, the court will always deny the employee any claim or loss. However, there are exceptions to this doctrine where we have collective bargaining agreements where employees may be covered by unions who have defined appeal processes (Pratt, 1990). There may also be individual employment contracts which have outlined terms of employments as well as public policies which have always limited the employment-at-will by employers.

With all these issue in mind, the recommendations I would offer to Elora Jean & Co. are to actually employ short and renewable contractual employments as well as collective bargaining in the hiring process in order to help them terminate the employees’ who do not contribute to the success of the organization. With these, they are able to review the employment process and the short contracts will be renewable only to competent and productive employees without presentation of any legal risks of terminating employees without reason (Pratt, 1990).

Therefore, the processes that the company needs to follow are using the collective bargaining method in the initial hiring process where they are able to write the terms of employment and termination. They can also employ on short renewable contracts where the non competent employees will not be able to renew their contracts of employment. All these processes will help them get prepared to support the termination decision (Muhl, 2001).

References

Levine, D. I. (1991). Just-cause employment policies in the presence of worker adverse selection. Journal of Labor Economics, 9(3), 294-305.

Muhl, C. J. (2001). The employment-at-will doctrine: three major exceptions. Monthly Lab. Rev., 124, 3.

Pratt, R. J. (1990). Unilateral Modification of Employment Handbooks: Further Encroachments on the Employment-at-Will Doctrine. University of Pennsylvania Law Review, 139(1), 197-225.