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Does at-will employment favor the employer, the employee, or both? Why?

Updated: Aug 12, 2022

MGMT402 Unit 1 - Individual Project

Assignment Details

As an employer and employee, it is important to understand how a person is hired and how that impacts your relationship together. Employment at-will was devised by American judges in the 19th century. The purpose of employment at-will was to make it easier and more economical for free enterprise to expand and prosper. Why would this be important to you? Some are hired as at-will employees, whereas others have a contract and are term-employed.

Prepare a minimum 8-slide PowerPoint presentation analyzing the importance of knowing how you are employed. In doing so, include the following:

  • What is at-will employment?

  • What are the benefits to the employer in hiring you as employment at-will?

  • What are the benefits from the point of view of an employee to be employed as an at-will employee?

  • What are the exceptions to being an employee at-will?

  • Does at-will employment favor the employer, the employee, or both? Why?

  • Would you want to be hired as an at-will employee or an employee who has a contract?

Introduction

Ø Employment and hiring process helps establish a unique relationship in an organization.

Ø Every employer and employee have to understand the value of the hiring process in the interpersonal relationships at work.

Ø Some employment relationships include contract employment which makes people be employed and others are at will employment that makes them at-will employees


At-Will Employment

This employment relationship lacks a contract between employee and employer hence does not attract any legal punishment when terminated.

An employee can be fired without any prior warning and for any reason and employer may deem right.

Ø This employment relationship means that the employer or the employee can terminate the employment relationship at any time with or without any probable cause.

Ø The employer or employee will not be liable to any legal action following the employment relationship termination


Benefits of at-will employment

In this relationship the choice of working hiring and firing is based on employers choice bi employees also have freedom of whether to work or not with the specific employer.

With the freedom, there is limited issues of conflict of interest as they can chose to end the relationship when it is not benefiting both.

Ø Easy to get rid of undisciplined employees.

Ø No cases of strikes and walkout which are basically witnessed at work when there is conflict of interest between employer and employee.

Ø Eases burden of negotiating contracts or renegotiating them at renewal times.

Ø Promotes employees based on merit, skills and actions giving a chance to the most experienced or skilled employees.

Ø Offers career freedom where an employee can chose where and how long to work depending on their career goals.

Ø Easy to get rid of oppressive employers


Exemptions of At-will employment

Collective bargaining power of unions does not allow employees to have at-will employment,

When an employer breaches an agreement that shows their good faith during the employment, then they could not engage in at-will employment relationships.

Some public policies protects the employees like whistleblowing hence employer cannot fire the employee

When an employee is fired for discrimination matters like race, then the at-will employment relationship cannot be fulfilled since they are protected against such.

Ø Unionized jobs

Ø Contract-basis of employment

Ø Employer breach of good faith

Ø Discrimination

Ø Public policy



Who is favored at-will employment?

Ø In this relationship, both employer and employee are favored.

Ø When the terms or conditions of employment are not benefiting either, they can easily walk out.

Ø With the exemptions, employees are protected from petty employees which makes the agreement rational.

Ø They can chose when to get in the employment relationship and when to end it without many legal troubles.


Advantages of at-will employment

Ø I would prefer at-will employment.

Ø Sometimes being tied to one place of work may seem monotonous and it gets boring which leaves at-will employment better due to career freedom.

Ø This would be a challenge when under a contract which leaves at-will a better choice since I can walk out freely when I feel tied up too much than I would like.

Ø I also, like the focus on merit and skills rather than seniority that comes with at-will employment.

Ø It brings a motivation to work harder and have your abilities recognized.



Conclusion

Ø At-will employment relationship is a risky relationship that employees sometimes avoid when seeking job security.

Ø However, it helps in career freedom that allows employee to explore in their career until they understand their potential

Ø It eases the hiring and firing process for both employers and employees due to less legal measures take during employment.

Ø I would personally pick at-will employment over contract employment.





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