At-will employment, a term used in U.S labor law for contractual relationships in which an employee can be dismissed by an employer for any reason other than reasons due to race, gender, or ethnic background. Likewise, an employee may terminate employment for any reason. Offering very little legal rights to the employee post termination, the at-will doctrine has been criticized by many. Ethical questions surrounding at-will employment require in-depth analysis.
Ethical Dilemma of At-Will Doctrine
Although the majority of employers hire at will, critics of the doctrine believe that at times it can be unethical and detrimental to the employee. Under the at-will doctrine, an employee may be terminated by either party (employer, employee), for …show more content…
While I support at will employment, I do agree that limitations and laws need to be put in place so that the employee has more of a security net to fall back on. Termination is both mentally and economically devastating, no matter the reason. Because of this I believe that just cause must be present in each termination case; the employer must provide sufficient evidence to support their decision. As stated in the article “Is The At Will Doctrine Crumbling” employers of at will employees should be required to provide as severance package for a limited amount of time prior to termination. “Employers have become more generous concerning severance pay and other post dismissal benefits. In years past, severance pay was customarily limited to two weeks, or to one month at most. Currently, however, some enlightened companies when laying off salaried employees for economic reasons now provide as much as two weeks’ pay for every year of service, plus health insurance coverage for at least 90 days. Employers are now more likely to give severance pay to employees dismissed for unsatisfactory performance and non-economic reasons. Additionally, employers are now more willing to agree to pre-litigation settlements, often involving letters of 6 recommendation, expungement of files, and some cash.” (Tobias, Paul, H, Is the At Will Doctrine Crumbling, 2009 p.12-13). However, I …show more content…
The public sector, a part of the economy that is controlled by the country’s government, aims to serve people. Organizations such as the military, postal service and federal positions are all part of the public sector and usually require contracts. The private sector, which includes private individuals and companies has the basic objective of earning a profit. Clearly both sectors have different objectives, and therefore have a different set of rules. However, as I have previously stated, I believe that the private sector needs to reassess their employment law and create more rules like the public
Ethical Dilemma of At-Will Doctrine
Although the majority of employers hire at will, critics of the doctrine believe that at times it can be unethical and detrimental to the employee. Under the at-will doctrine, an employee may be terminated by either party (employer, employee), for …show more content…
While I support at will employment, I do agree that limitations and laws need to be put in place so that the employee has more of a security net to fall back on. Termination is both mentally and economically devastating, no matter the reason. Because of this I believe that just cause must be present in each termination case; the employer must provide sufficient evidence to support their decision. As stated in the article “Is The At Will Doctrine Crumbling” employers of at will employees should be required to provide as severance package for a limited amount of time prior to termination. “Employers have become more generous concerning severance pay and other post dismissal benefits. In years past, severance pay was customarily limited to two weeks, or to one month at most. Currently, however, some enlightened companies when laying off salaried employees for economic reasons now provide as much as two weeks’ pay for every year of service, plus health insurance coverage for at least 90 days. Employers are now more likely to give severance pay to employees dismissed for unsatisfactory performance and non-economic reasons. Additionally, employers are now more willing to agree to pre-litigation settlements, often involving letters of 6 recommendation, expungement of files, and some cash.” (Tobias, Paul, H, Is the At Will Doctrine Crumbling, 2009 p.12-13). However, I …show more content…
The public sector, a part of the economy that is controlled by the country’s government, aims to serve people. Organizations such as the military, postal service and federal positions are all part of the public sector and usually require contracts. The private sector, which includes private individuals and companies has the basic objective of earning a profit. Clearly both sectors have different objectives, and therefore have a different set of rules. However, as I have previously stated, I believe that the private sector needs to reassess their employment law and create more rules like the public