This assignment revisits the employment-at-will doctrine and health and safety laws. One of the biggest concerns for employers is providing safe workplaces for their employees. For this to occur, employers must have adequate training in workplace health and safety. They must also implement the employment-at-will doctrine while being ethical about employer firing practices. Safety in the workplace also entails availing safe machinery, safety equipment, and protection from toxic chemicals. Safety also entails being comfortable with the social environment at the workplace. This means ensuring that individuals are comfortable with the conditions at work. Health and safety laws require employers to maintain records of any problems, such as accidents, and avail them for viewing.
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AN OVERVIEW OF THE EMPLOYMENT-AT-WILL DOCTRINE
The employment-at-will doctrine is an agreement formed between an employer and the employees. It states that employment is for indefinite periods, and either party can terminate the agreement. However, there are exceptions to this doctrine to prevent wrongful termination and undesirable employer firing practices. Each state has varying rules and conditions for employment termination. These exceptions incorporate into public policy, implied contracts, and an implied covenant of good faith and fair dealings. For example, employers cannot terminate an employment contract for requesting compensation after an on-the-job injury. Otherwise, this would be a violation of health and safety laws. Implied contracts mean that employees can expect a fixed or indefinite employment term.
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WRONGFUL TERMINATION AND EMPLOYER FIRING PRACTICES
Most states place strict rules on employer firing practices. However, almost all employment terminations feel wrongful. This is because the definition of wrongful termination is still unclear. The law protects employees’ rights by disallowing termination based on gender, race, religion, disability, or ethnicity. Everyone is entitled to the provisions of the employment-at-will doctrine. Additionally, employers cannot fire employees for filing complaints against them. Most such instances occur when employers violate health and safety laws. Employees must understand the specifics of their employment contracts. This entails determining whether contracts are implied, wrongful termination elements, and how to file a claim against an employer.
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