Employment-at-Will from a Legal Perspective Essay

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Lack of job security in place is the main setback for workers who have be en employed-at-will. Even though employees may voluntarily accept the terms of their employment under the employment-at-will contract, it is still not fair for them to be fired without any satisfactory reason. According to the doctrine of employment-at-will, an employer has the express right to fire an employee at any time.

This may take place even if an employee has not committed any mistake at workplace. In other words, there may be no cause at all for being fired. Nonetheless, there are some instances when an employee may be summarily dismissed from work for a very good reason. There is no written work contract between an employer and employee when it comes to the terms and conditions of the employment-at-will (Sentell & Robbins, 2008).

In spite of the missing written contract, it does not imply that employers have the right to fire their workers at any time they wish and of course without any good reason. It is vital to mention that the terms of service for employees should be guaranteed so that they can feel safe and secure throughout their working period.

When it comes to the law, there is a general assumption that workers are employed at will except when they are in a position to prove otherwise.

This implies that it is the duty of employers to provide either verbal or written statements for employees before they assume duty in order to minimise any possibilities of erroneous dismissal from work. However, it can be cumbersome to substantiate oral statements from an employer especially when there are no records in place (Sentell & Robbins, 2008).

The respect of workers is violated when they are employed at will. It is indeed true that employees should be contended with any outcome of their terms of service having accepted the prevailing conditions voluntarily. Nonetheless, it still calls for caution, respect and dignity before an employer makes the final decision to dismiss an employee from workplace. For example, whey would a worker be fired without any reason?

After employees have been hired, they are usually expected to be top performers and productive workers throughout their tenure. As a matter of fact, employers expect a lot from employees once they have been hired. It does not matter whether there are written contracts in place. The main point of concern is productivity at workplace. On the other hand, an employee should be rewarded as part of motivation.

Rewards may be given in different forms although they should focus in enhancing job satisfaction of workers. As already hinted out, job security is a crucial source of motivation for employees. Even for a short period an employee is hired, he or she should feel a sense of security. This goes along with respect and dignity (Sentell & Robbins, 2008). The latter also account for motivation that employees require at workplace.

On a final note, most job seekers are often desperate to secure employment opportunities whenever any chances show up. They hardly care about reading the terms and conditions of the available working opportunities. In the event that they clearly understand the terms, the urgent desire to land on any job is usually the first priority.

Consequently, they are employed-at-will and eventually subjected to the involuntary firing from workplace. Needless to say, employers who dismiss employees without any apparent good reason grossly violate the basic rights of such workers.

Reference

Sentell, E., & Robbins, R. (2008). Employment at-will. Journal of Legal, Ethical and Regulatory Issues, 11(1), 1-15.

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IvyPanda. 2019. "Employment-at-Will from a Legal Perspective." June 22, 2019. https://ivypanda.com/essays/employment-at-will-eaw/.

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