Forms of Employment Memo Term Paper

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Chris, have looked at your concerns and after some careful research I feel confident that the answers I am giving you are correct. Please let me know if there is anything else I can do to assist you in this matter.

Regarding the first concern: Whether you can fire people without notice. This state is what is commonly referred to as an "At will" state. In simple terms this means one can be fired at any time for just about any reason.

The only exceptions to the at will status of an employee include statements in an employee handbook, spoken statements and oral promises that are made during interviews and written contracts. All of these instances prevent the at will termination of an employee because the agreement was made and must be adhered too.

The significance of an implied contract exception to the at-will doctrine has been minimized in recent years, however, because of employers' attempts to state clearly, usually in the contract if there is one as well as in a prominent location in the employee handbook, that the employment relationship is an at-will relationship (Ballam, 2000).

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If you wish to fire someone from here you have the right to do so without cause as long as it does not violate the issues I mention below.

At will means at will, however, if an employee is fired for refusing to do something illegal or refusing to do something that is written as company policy the termination would most likely not hold up in a court (Tammelleo, 2004).

Your concerns about liability are valid ones. It has been shown in courtrooms across the nation that employers are in fact often liable for statements or actions taken by their employees. An employee who causes harm to another and is acting as an agent for the company, could cost the company significant funds in the event a law suit occurred (Tammelleo, 2004).

There is a difference between employment contracts and at will employment. A contract spells out the job offer, description, duties, compensation and allowable reasons for termination. At will employment allows for the termination of the position by either party for any reason at any time.….....

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