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Impact of Employment at Will Doctrine, IRCA, and USERRA on the Private Sector
Workplace
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Impact of Employment at Will Doctrine, IRCA, and USERRA on the Private Sector
Workplace
Introduction
Laws and doctrines which seek to govern the employment practices in the workplace in
the private sector are firmly in place and impact both employer and employee. Three of the
significant regulations that have the Texas Employer Liability Act, the Immigration Reform and
Control Act (IRCA) and the Uniformed Services Employment and Reemployment Rights Act
(USERRA). This paper aims to present how those regulations influence the functions of human
resource management in the private sector and highlight major exemptions, changes needed, and
positive as well as negative effectiveness.
Employment at Will Doctrine
Definition and Exceptions
Employment at Will Doctrine is a cornerstone that exists in United States employment
law, according to which an employment relationship can be terminated at any time either by the
employer or the employee with any reason or no reason at all without notice. This flexibility,
however, is limited by several qualifying circumstances meant to deter unfair dismissal of
employees (Siegel et al., 2022).
Public Policy Exception
This means that the common law growing from the public policy exception does not
allow employers to dismiss employees on grounds that are unlawful. It covers behavior which
may mean an employee is preemptively dismissed from the job for filing a workers'
compensation claim, not engaging in corrupt practices for the employer, or reporting unlawful
activities (whistle-blowing). This exception enables the employees to bring their legal rights and
duties into operation without the threats of dismissal or demotion.
Implied Contract Exception
The implied contract exception can be obtained from the employer's conduct, words or
deeds that have led to a psychological employment bond where there is no express or written
contract. For instance, the company's policies that detail precisely the procedures for firing or
assurances that an employer will not fire an employee during the hiring process create implied
employment contracts. These created expectations must be met by employers, thus restricting
their freedom to discharge workers without basis.
Principle of Good Faith and Reasonable Deal
Afforded in some states, it prohibits employers from discharging an employee in bad
faith or with ill-will. It makes sure that efforts in relation to employment are done in an equitable
manner and that the employees cannot be dismissed from services in an unfair or revengeful
manner.
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Public Policy Exception: Involving federal and state law made and being made where the
state and/or federal government has entered into an agreement for the execution of a particular
public policy as an exception of the Erie doctrine is as follows: The over-prevalent policy that
has affected the private sector workplace most is the public policy exception (Siegel et al., 2022).
Therefore, this exception helps maintain ethical standards and legal requirements since protected
employees are being protected. It plays a crucial role in preserving companies' and organizations'
ethical culture and preventing employees from facing risks, discriminations at work, or even
dismissal when reporting wrongdoings or voting.
The Immigration Reform and Control act, commonly referred to as Americans with
disabilities act
Definition
The IRCA, passed in 1986, seeks to regulate the influx of the unauthorized aliens into the
United States through employer sanction wherein employers are mandated to attest to the
citizens of their employee that is hired after November 6,1986. The employers are required by
law to fill and preserve Form I-9 for every employee to prove they are legally allowed to work in
the United States.
Important Change Needed: Enhancing Rephrasing of the E-Verify System
Current Flaws
The current provisions of the IRCA as they are helpful in eliminating the illegitimate
employment, they pose some problems. The first problem arises in the procedure of verification
which often turns into a tiresome and error-prone activity. The current system of E-verify is just
an online system of checking the legal working status of the employees and does not comprise all
employers and sometimes provide wrong results leading to prejudice in termination or hiring.
Proposed Change
One of the most important changes that should be made is the requirement of and
enhancements to the E-Verify system (Sheet, 2021). Compulsory application of E-Verify for
hiring and improving on its efficiency as well as its reliability would minimize the Traditional
errors in verification.
Reasoning
Enhancing the outcomes of E-Verify would be equally advantageous to employers and
the employees. From the employers’ perspective, a more accurate and sound system would
lessen the administrative costs while hiring and eliminate the possibility of hiring the illegitimate
aliens. For employees, it would guarantee a fair verifications process that would decrease the
possibilities of prejudices that may lead to unfair dismissal of employees or discriminations that
stem from erroneous data.
Signed into law in September 1994, the Uniformed Services Employment and
Reemployment Rights Act (USERRA)
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Definition
This law known as USERRA was established in 1994 to protect the employment and
reemployment of persons with in the uniformed services. This guarantees that those in the
military can go back to their employers after serving or attending to some military
responsibilities and there should be no discrimination of those who have served the military.
Positive Impacts
Job Security
In my opinion, the most important pros of USERRA is that it grants job protection to the
service members. It makes sure that people, who are serving their country, should be able to go
back to their employer with the same rank, position, and remuneration as they left it.
Consequently, this protection fosters compliance with military requirements without prejudicing
the professional’s means of earning a living (Sheet, 2021).
Anti-Discrimination
Another defect of the contemporary American legislation is the absence of any legal
protection of employees against discrimination on the background of their military duties:
USERRA helps to solve this problem as well. Promotion, reemployment, initial employment,
retention in employment, or any benefit of employment cannot be refused, withheld, or denied
by an employer based on an individual’s service.
Negative Impacts
Employer Burden
USERRA is an important protection of service members however, it imposes certain
responsibilities to the employers. Continuation of business and personnel management during the
employees’ call-up can be quite difficult. There may be the need to bring in temporary workers
or switch some of the work to be done to other employees; this could be time-consuming and
expensive.
Costs
Employer costs include time spent in bearing train new or temporary employee, overtime
cost of the regular employee, and management of the reemployment rights. These costs may pose
some difficulties when it comes to implementation mainly for establishments that are small in
size.
Conclusion
The Employment at Will Doctrine, IRCA, and USERRA are laws that significantly affect
the private sector workplace and the employment relationships and human resource management
strategies. The public policy exception to the Employment at Will Doctrine enhances the
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employees’ rights and enforces ethical corporate standards, practices and behaviors. On the same
note, enhancements to the IRCA E-Verify system would enhance efficiency in employee
authentication as well as minimize on errors. USERRA offers the basic employment and
discrimination and other protections for members of the uniformed services, yet it also has costs
to employers. Compliance with respect to these regulations is mandatory for efficient functional
human resource management and provision of equal justice to all employees (Siegel et al., 2022).
Appendix
Employment at Will Doctrine: The Summary
Employment at will means that there is no employment relationship without possibility of
interruption by either the employer or the employee in any given time always with or without
reasonable cause and without any prior notice at all. These exceptions include the public policy
exception by which workers cannot be dismissed for violating the public policy; the implied
contract exception where the employer’s conduct leads to an understanding that the employment
would continue indefinitely; and the covenant of good faith and dealing under which employees
cannot be dismissed with a view to being acted against in bad faith.
Summary of Immigration Reform and Control Act (IRCA)
Under the provisions of the IRCA, the employers are mandated to complete the I-9 form
for all employees that begin work after November 6, 1986 regarding identity and employment
authorization. Employers are required to fill and store for every employee the I-9 forms. One of
the major changes required is the mandatory system of E-Verify and constant modifications
aimed at its elaboration to minimize the possible mistakes in the process of identification.
Summary of Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA protects the employment and reemployment rights of individuals who serve in
the uniformed services, ensuring they can return to their civilian jobs with the same seniority,
status, and pay. It prohibits discrimination based on military service. While providing essential
protections for service members, it also places burdens on employers in terms of maintaining
operations and managing staffing during employees' military service.
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References
HR Hero. (2017). Employment at will. http://topics.hrhero.com/employment-at-will-and-
employment-law/
HR Hero. (2017). USERRA (The Uniformed Services Employment and Reemployment Rights
Act). http://topics.hrhero.com/userra-uniformed-services-employment-and-
reemployment-rights-act/
Sheet, O. F., & Occupational Safety and Health Administration. (2021). United States
Department of Labor.
Siegel, N., Braniff, A., Brou, D., Kirwan, T., Cummings, T., Romero, A., & Wu, Z. (2022).
Protecting Those Who Protect Us: An Introduction to the Servicemembers Civil Relief
Act and Uniformed Services Employment and Reemployment Rights Act for AUSAs
Interested in Starting a Servicemembers and Veterans Practice.EDep't of Just. J. Fed. L. &
Prac.,E70, 143.
U.S. Department of Agriculture (n.d.) IRCA antidiscrimination provisions.
http://www.thecre.com/fedlaw/legal19/ircadisc.htm
