Good Legal Principles Case Study Example

1. Is it morally permissible for employers to fire at-will employees for legal behavior off-duty? Why, or why not? Explain.
The US labor law includes a term “at-will” employment. This term suggests that if the employer may hire someone for reasons that may not be justifiable then the employer also has the right to fire the employee without providing a sound justification. Many individual’s view the at-will firing of employees as unjust and unfair, but it an employer hires someone on this basis then there is no reason for any complains being lodged by the worker.
If the employer has specified certain behavior as being unacceptable by the company and that certain acts may lead to termination then the employer has the right to fire the employee if he/she is caught red handed. However, the nature of this act must be clearly specified in the employee handbook or should be effectively communicated across the organization. In this case, Ross Hopkins was unaware that consuming a competitor’s product was unacceptable according to company terms. Thus, firing Hopkins on this basis may be unfair and unjust. The company management could have warned Hopkins and may have taken strict action if the act was caught again in the future. If the employer does not communicate what he expects out of the employees they must not expect the employees do behave in that particular manner.
2. Were American Eagle and CJW justified in terminating Hopkins and Aguero? Why, or why not? Explain.
If a company does not have a written policy about restriction of consuming competitor’s products then they cannot fire employees on this basis. Hopkins and Aguero were both fired on grounds that were not clearly identified by their employers. In some cases the company culture is enough to indicate to employees what is acceptable and what is not. In this situation, the employees of American Eagle and CJW most probably did not have any such culture of restricting employees from consuming competitors products. Furthermore, both the companies want to control their worker’s behavior outside the workplace. These restrictions placed on employees by the management of American Eagle and CJW may be considered immoral. Employers may not dictate employee’s behavior outside the workplace if it is not causing any harm to the company or its image. Thus, both companies may not be justified for their act of firing Hopkins and Aguero.
3. Should there be legal protection for workers to prevent them from being fired for legal, off-duty behavior? Why, or why not? Explain.
Workers must either be told at time of recruitment about what kinds of behavior would be unacceptable even outside the workplace. If the employer is unable to clearly outline the unacceptable behavior he must not hold the employee responsible in case something goes in the opposite direction. Workers should be given the protection by law that would be in their favor in the event unfair hiring takes place. Off-duty behavior that does not impact the company or its image in a negative sense must not be regulated by the company management. The workers have a life outside the workplace, and they should be given the right to practice free-will. Trade unions may be one form for the employees to protect their rights. Adding on, pleas made to the government agencies may also provide the workers protection from unfair and unjust firing of workers from the workplace.