TEXT 26

There are a number of legal issues that affect organization’s prerogative to terminate employees. Traditionally, the legal principle of employment-at-will prevailed, which holds that an employment contract is a legal agreement between free agents in which the government should not interfere, and either party may break the contract at any time. Under strict interpretation of this principle, an organization need not show any evidence or reason to justify termination. Recently, however, a number of factors have served to limit employment-at-will.

Equal employment laws provide protection for a number of demographic groups against disproportionate termination. That is, terminations should not affect larger percentages of these groups than others. Union contracts have given some protection to union members. Often these negotiated agreements between employees and the organization limit the number of individuals who can be terminated during the life of the contract. Also these contracts ensure that a pattern of procedures must be completed by the organization before termination. Wrongful discharge identifies four instances that are exceptions to employment-at-will: (1) the employee was discharged for reasons that contradict a fundamental principle of public policy; (2) there is an expressed or implied guarantee of employment; (3) the employer’s conduct violates the concepts of “good faith dealing”; and (4) other conduct interferes with a legitimate employment contract.

4. Comprehension check.

Translate the text into your native language (in writing).

Discussion

Have a class discussion.

Discuss the most important questions connected with terminating employees – its reasons, purposes and involved procedures, as well as some legal aspects.

Date: 2015-01-02; view: 957