Question
From the Text Book: This chapter explores the ways in which employment relationships end, by natural conclusions, layoffs, just-cause terminations, and resignations. The discussion includes
From the Text Book: "This chapter explores the ways in which employment relationships end, by natural conclusions, layoffs, just-cause terminations, and resignations. The discussion includes information about the rights of employers to lay off employees to reduce costs, as well as the obligations such decisions may trigger under the federal Worker Adjustment and Retraining Notification (WARN) Act. The just-cause standard for termination is discussed in detail, including an explanation of each of its elements and the circumstances under which it might apply to an employment relationship.After completing this chapter, students should have a fundamental understanding of a number of ways an employment relationship might end. Upon mastering the main objectives of this chapter, students should be able toprovide some examples of how an employment relationship might end;define layoff and explain an employer's obligation to affected employees under the federal WARN Act;explain how the duty of good faith and fair dealing and promissory estoppel might impact an employer's right to terminate an at-will employee;define just cause and explain its elements;explain why an employer might only terminate an employee for just cause, and provide some examples of implied contracts that might require the application of this standard; and define constructive discharge and explain its significance."
What does all of this boil down to?
I do not know much about each of you and your career/professional experiences. Did you work in high school? Maybe earlier? For family? Are you an adult now working in a job you love, or just working to make ends meet? Have you ever left a job involuntarily?
In my adult career I am proud to say I have always enjoyed the jobs I had . . . until I didn't. Then, I had to make decisions I didn't feel comfortable making--namely, leaving. My first job out of high school, shortly after the debacle that derailed my scholarship, was for a shipping company. I was hired as a lot attendant. I did well for my first job. I impressed the bosses. I became quickly relied upon. After 3 years, I was a regional logistics supervisor. I gained a lot of respect from my peers. I was soon tapped to move to Texas and help centralize operations. For the next 12 years, I worked night and day, sometimes without a break, and often at the cost of my family's wellbeing. I completed my Bachelor's Degree and expected more. Nothing changed. I started law school, but sadly kept it a secret from my employers. I imagined I would get my degree, rise to a higher level in the company, and someday run the place. I was wrong.Eventually, the company chose new directions and new morals came into the workplace. I couldn't handle it anymore. I started exploring other options, and left on my own terms.
I went to work for a manufacturing firm. I was still in law school. I quickly learned the choice to accept this job was the further thing from the right choice. They knew I was a law student, and treated me like I was already a lawyer. Asked things of me I wouldn't do. I never did what I was told, but found honest, legal, and ethical ways around instructions. Even the banks fell in love with me and they started to trust the direction the company was going in, mainly because of me. One day, almost 1 year to the date I was hired, the boss came in, let me know my paycheck wouldn't clear that day, and asked me to leave. I packed up my office, sent a quick email to all vendors not to expect payments, and left. On my way home, I called the lenders and told them what happened. Two hours later, I learned that the lenders sent foreclosure notices to the company. The main reason--a long standing history of unethical practices, and "since you just laid off the only soul capable of saving you, you leave us no choice but to part ways." The chief lending officer called me to tell me what happened, and concluded the call with "We have your back." I have never felt so good about someone else's failure.
Did the company do me wrong? Absolutely--well, in my mind they did. They couldn't fire me for cause. Despite my decisions to color INSIDE the lines when the boss asked me not to, there was no justifiable reason to fire me for cause. They could have exercised their right to just let me go since we are in an at-will employment state. But they didn't want a fight. They had to lay me off and claim it was for financial reasons. I was devastated, but glad at all at the same time. We didn't have an ironclad agreement against such an event. It was all based on trust and a handshake. Quite the mistake given the high profile nature of my job. I won't make that mistake again.
In no less than three words, I want you to provide me examples ofat least two instances when policies, agreements, or statutes prevent a termination or layoff from being upheld, even in an employment at will state.
Provide at least two sources. I want you to correctly cite the sources you use. i want YOUR summary and opinion, not simply a link or copy and paste of the article or source.
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