The Employee At Will Doctrine Essay

The Employee At Will Doctrine Essay

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As a recently hired chief operating officer and a midsize company preparing for an initial public offering to I discovered there are multiple personnel problems with in the company. Anxious to resolve these issues I first notice there is no whistleblower policy with in the company and I will need to analyze each situation using the employment at will doctrine to determine what action needs to be taken."The employee at will doctrine is a legal ruling that developed in the 19th century, giving employers and unfettered power to "dismiss their employees at will for good cause, no cause, or even for cause morally wrong, with out being there by guilty of a legal wrong." (Textbook) it also states that employers can not fire workers because of their race, national origin, color, religion, sex, age, or disability. This doctrine allows not only employers to have this right but also employees in a "freedom of contract" making it possible for all parties to terminate employment with no reason give as to why. As I look over and I noticed that there are a few exceptions within the Employee at will doctrine to protect the employee in certain instances. Those exceptions include an implied "promise of good faith and fair dealing" in the contract or an implication of contractual terms from employee handbook or policy statement, whether written or verbal communication. The exception of public policy where the employee has refused to participate in an act that is prohibited by state law. Or if the employee is acting in the public interest of what is considered right and good. And employer also cannot terminate an employee for claiming compensation of overtime, participating in the union, or filing a Worker 's Compensation.
The first employee investi...


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...peals upheld Georgia’s employment at-will doctrine. The Plaintiff was offered a job at a local hospice for full time employment. The plaintiff was not aware that the hospice had already decided to close that location. The plaintiff quit her job that she had for 30 years at a hospital on July 24, 2009 to prepare for her new job. She did receive a letter from the hospice confirming her hiring as well as a hire date. However, before she began employment with the hospice they rescinded their promise of employment. The plaintiff sued saying this should be an exception to the Employee at will doctrine, however the court dismissed her claim stating “The hospice’s employment offer to her did not state a length of employment, thus, her employment was terminable at the will of either party.” In this case the Georgia Court of Appeals did not create an exception to the doctrine.

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