Assignment 1: Employment-At-Will Doctrine
LEG 500: Law, Ethics, and Corporate Governance
The Chief Operations Officer’s role focuses on the execution of day-to-day operations and oversight of all the departments; to include morale, welfare, and employee conduct in the company. In order for the company to successfully prepare for an Initial Public Offering we will need to revise the employee handbook, resolve some specific internal employee matters and implement a whistleblower policy. Employment-at-will refers to common law which holds employees that work for an unspecified time period work at the will of their employers and employment can be dismissed any time (Zachary, 2012, p. 25), for good cause, bad cause or no cause, by either the employer or the employee. Some exceptions of dismissal for employment-at-will include discrimination against race, national origin, color, religion, sex, age, and disability, other exceptions are wrongful discharge in violation of public policy or breach of contract, the promise of “good faith and fair dealing” in a contract of employment or suggesting contractual requirements based off of the company’s handbook or policy statement (Halbert & Ingulli, 2012, p. 50), and tort whether the policy is found in legislation, constitutions, legal hearings, administrative practices, or other sources (Zachary, 2012, p. 25). The tort law offers the employee the chance to convince a jury to award damages (money awards) for “wrongful discharge” (Halbert & Ingulli, 2012, p. 51). Some state and federal statutes may also prohibit the discharge of employees for their participation in jury duty, filing workers compensation claims, involvement in the union, conducting military duty or certain occurrences in whistle-blowing (Zachary, 2012, p. 21). Our company operates off of voluntary employment; therefore, general counsel reviewed the employment-at-will doctrine...
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