Employment-at-Will

This assessment addresses the following course objective(s):

• Describe the application of labor laws due to court decisions.
• Describe negotiating techniques and how to overcome an impasse.

Instructions:

Answer the following question:

Martha was hired as the general manager for an adult day care. For several months, she received positive feedback on her progress. At a meeting, two supervisors inquired about whether she had plans to have children. Martha indicated it was her intent to have children. Two weeks after this meeting Martha was fired and replaced by a 60 year old woman. The employee handbook included a policy on progressive discipline, which policy was usually adhered to. Martha also received and signed a disclaimer that stated in part: "I understand that [neither] the policies and procedures of the facility, nor the Handbook ... are intended to constitute a contractual agreement ... I understand that my employment is at will ..."

• Conduct research for case law on employment at will and discuss what the court said in this case about the principle of employment at will.
• Discuss whether the disclaimer in the contract and the policy on progressive discipline in the employee handbook creates a modification of contract.

Please be sure to validate your opinions and ideas with citations