WEEK 8 DISCUSSION – “Rules of an Employer” Please respond to the following:
- Explain the Employment-at-Will Doctrine and identify and explain ALL the exceptions. If your employer does not like your hairdo, can he fire you? Pursuant to the doctrine, explain your answer per the law.
- Identify and provide the exceptions to the EAW in your home state and include your source for information.
- As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, etc. You decide to hire some friends and pay them as they work rather than go through the expense and procedure of bringing in â€œactualâ€ employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business. One friend orders way too much from a vendor.
- Explain Agency Law terminology and the three ways an Agency relationship is created per the text reading. What are the implications of Agency Law that apply in the above scenario?
- Since the person who ordered was not an employee, is the business liable to pay for the improper order? Why or why not?
- When is a business liable for an employeeâ€™s actions and, how is “scope of employment” relevant? Please use legal language to demonstrate your understanding of Agency Law and liability.
Respond to another student post …this is it …Catherine Paredes RoseroRE: Week 8 DiscussionHello Professor and classmates,The doctrine At-will Employment refers to the action of an employer to terminate an employee, for any specific reason, and with no restriction of time. That must exist as a reason for the termination and legal liability. The doctrine also states that the employer can change the terms of employment with no necessity of permission or notice. An employee is also able to leave his job with or with no reason for the termination and with any adverse legal consequence. The exceptions for this doctrine are:* Public Policy: the exception that protects employees when exists a violation of public interest. * Implied Contract: the employer could make an oral or written contract for work that must be followed by the employees. * Covenant of Good Faith: (for individual states) it states that terminations that were based in malice or bad faith are prohibited.* Tort-Based Claims: exception that exists when the employer improper motivates or induces the employee’s termination. *Promissory Estoppel: when an employer can be stopped of making a termination if the employee shows that the decision injured him or it existed an employment promise. * Illegal Discrimination: protects employees from being fired due to race, religion, sexual preferences, disability, nationality, and other stereotypes. If my employer decides to fired myself due to my hairdo, he will be committing a violation of the law. It is a termination based on illegal discrimination. My hairstyle has anything to do with the performance I will have in my job. The style and preferences of employees must be respected and not interpreted as an impediment for performing correctly any task. In Florida, the exceptions for EAW are public policy, implied contract, the covenant of good faith, and illegal discrimination. In the scenario presented, the employer has the total right to make any deductions from the paycheck of an employee if it refers to a benefit for the employee, such as uniform, tools, taxes, fees, etc. For a misunderstanding, the company must recognize the loss and not the employee; however, the employee can be fined for the error or even fired. SOURCES: