Introduction
In today’s workforce, knowing your rights within an organization are very important. Having familiarity of the employee handbook can help define your privileges and human rights within the organization, and finally knowing what’s relevant to you as an employee. Last week in our Leg 500 class, we discussed various topics, such as, the Employee-at-Will Doctrine, Wrongful Discharge, Value Work, and Whistleblowing. All the above mentioned topics play a vital role within an organization. All employers are going to need to have policies in place for their employees. Representative arrangements are additionally a route for businesses to execute disciplinary activity for workers who show wrong work environment conduct. As a state of business, representatives must sign and bear witness to that they have gotten and comprehend working environment approaches. (Scott, 2013).
Employment-at-Will Doctrine
The employment at will is when the employer has the legal right to terminate an employee for any reason that they might deem as appropriate for the situation. But there are some cases when these terminations might be illegal. The employees also have the right to leave a job without any reason and there should not be any legal consequences for leaving the job. The rule was established in the 19th century and is still being used today. But in 1935, the U.S. Supreme Court adjusted the rule so that workers would have the opportunity to organize and form unions if they wanted. The adjustment to the rule helped to make sure that the workers who formed the union couldn’t get fired.
The employment at will rule will also allow the employers to change or alter any of the terms of the employment. Some of these terms might include the amount of money that a person is going to get paid, benefits, or paid time off. All of these things are going to fall under this rule and the employees need to make sure that they are educated about how the rule will apply to them.
Facebook rant
As an employer, I would not tolerate the employees using the internet in the workplace; in addition, I will not tolerate disrespect toward colleagues nor customers. Whether the employee was using his personal phone, if it was within his tour of duty, it would not be acceptable. John’s rant did not only offend the customer, but depicted a picture of the organization that does not represent our code of conduct. I would allow John to explain his side of the story. Before making a determination, as the employer I must make sure that the organizations position on this kind of behavior is stated in the company policy stating that inappropriate behavior such as ranting on social media is not tolerated. The disciplinary action would be to give him a warning, and enforce a no tolerance for negative criticism to company customers.
Side Business
Bill has a side business that he is using the company’s blackberry for. This issue is in fact grounds for termination. “Organization resources are implied for business, and not individual use. We as a whole have an obligation to shield and protect organization resources from misfortune, burglary, abuse and waste. Organization property ought to never be utilized for individual increase.” (Prometric, 2013). Misuse of company assets is a violation to company policy and may be an act of fraud. In this case, I would terminate Bill on the ground that using company property for personal use is prohibited.
False expense reports
As an employer, I feel that it’s my duty to report such activity. Accusing some one of wrong-doing when they are innocent is unacceptable. I would notify the proper authority to make them aware of the situation at hand. I believe it the right thing to do but as for the agency, the employer may terminate the relationship at any time without reason or cause. “To have someone fired in this instance; the employer must show proof that the termination is based on the business’s financial hardship, such as a poor economy, or else poor job performance.” (Guide, 2003).
The employment at will rule will apply to every employer regardless of what state they live in and has been used in a variety of different situations. One case that I know of was when there was a member of the Bowie State University Police Department. Tyson Larson was under arrest but he believed that it was a false arrest because the arrest violated the constitutional rights of the individual. Because he objected to the arrest, he was terminated from his job. The company said it was because he violated the chain of command when he was arrested. The issue went to court and he lost his case but he kept fighting. The highest court did not agree with the administrative judge.
Conclusion
After the evaluations of the scenarios given, it show that Employment-at-Will has it pros and cons. Knowing your rights as an employee and making the right decisions play an important role within your work environment and career. We also need to be mindful of our actions as well, and ensure that we are not in violation or our rights or hurting others.
Reference:
Scott, Sherrie. (2013). “Examples of Employee Policies.” Retrieved on May 6th, 2015, from
http://smallbusiness.chron.com/examples-employee-policies-11564.html.
Prometric. (2013). “Protecting Company Assets and Resources.” Retrieved on May 6th, 2015,
Guide. (2003). “Freedom of Expression.” Retrieved on May 6th, 2015, from
http://rights.jinbo.net/english/expression.html.
