Employment-At-Will Case Essay

Case Example A Elaine has sued Jerry because Jerry chevy her. Elaine was on the rent come out for ii months.The business organisation offer garner that Jerry had move her mentioned the great c atomic number 18er opportunities at the guild and stated that her one-year compensation would be $30,000. The comp whatever is an handicraftat result employer. Elaine was dedicaten no reason for the termination. aft(prenominal) the termination, Jerry hire a man named Kramer, who had slight job experience and knowledge than Elaine, for the position. Elaine has sued to ram her job back. in that location are levelheaded issues in case example A. These issues impart need to be brought up and answered in advance all decision gouge be made over this case. A garner was sent to Elaine. Could this be considered a guide? If not, was there a sheer abstruse? If there was a contract involved, is it an executory contract or is it not valid at all? This is an troth-at-will employer , does the employer really need to give a reason for the termination? morals in business play a big role in forthwiths society. Could ethics have been profaned by the employer? Is this discrimination against Elaine? Did the employer lower Elaine in to this business with lies to gain something from her? Is this an intentional magic or fraud? Did Elaine have a certain skill that the employer needed and subsequently the employer got what he needed he fired her? These are short good questions that will need to be further studied. Elaines careen contains legal rules to support her claim.There is printed secern that lowlife definitely bene eventor out Elaine. The job offer letter states that there are great move opportunities at the comp all. A career is delimit as much than a unreserved job. It is a major part of a persons life. A job usually last a correspond of months. A career is thought of immutable for much than a couple of years. The fact that the term career was us ed in the letter, it is assumed that this is going to be something more than just a job another(prenominal) word that was used is annual. The annual salary was said to be $30,000. The term annual also implies that the career that the employer is offering is something that is ample term and not just a two month job. The plaintiff potty argue that these were the conditions that were used when she was hired. She sought out this job because she was offered great career opportunities still was never given the career or the opportunity to make $30,000 annually. This could be sort under intentional misrepresentation or fraud because the plaintiff was brought into the business with treacherously statements.Something else that Elaine can argue is that she was discriminated. After she was fired, she was replaced by a man that had less job experience and a lower education than Elaine. Elaine might have been let go because of her sex. This could be a violation of title of respect VII of th e Civil ripes Act of 1964. The suspect also has a valid argument that he can dispute. This business is an employment at will employer. This means that the employee can be let go at any time for any reason. Elaine knew that this was an employment at will. When she read the letter and real the job, she also accepted all the conditions that came along with it. The plaintiff knew that she could be fired any time. This is the defendants argument. Based on facts and legal laws, the judge can sprightliness over the evidence and rules and make a decision. The employment-at-will philosophical system clearly states that the employer can fire the employee at any time for any reason.There are many elisions to the employment-at-will doctrine. In this case, the tort ejection and statutory exception can be applied in favor of the plaintiff. The tort exception states that the employee can sue an employer for fraud. Based on the letter Elaine received, she never was given what she was promised . The employer gave the future employee sour statements regarding receiving $30,000 annually. The employer also made the employee believe that this was a career when it clearly lasted no more than two months. This is classified under fraud. The statutory exception will be the important exception in this case. The statutory exception states that Title VII and other federal official state antidiscrimination laws prohibit employers from engaging in race, sex, religious, age, handicap, or other forms of discrimination.Right after Elaine was fired, a man was hired for that same position with less impart experience and a lower education. This is evidence that Elaine was discriminated based on her sex. An employee who was wrongfully complete can sue the employer for damages. Therefore the plaintiff will win the case. The legal rules that soon apply are fair and sound.Employment-at-will employers come through because in some jobs, the employer needs that flexibleness in order to resp ond to any changes or needs. Sometimes it is necessary to let employees go but the employer should never barricade the laws of business and also ethics. Also, adding exceptions like statutory exception and tort exception to this doctrine helps protect employees in case they are ever treated unfair or are ever taken benefit by their employer. The rules that are currently chasten for now are fair and reasonable and should not be violated.Work CitedCheeseman, H. R. The legal environment of business and online commerce. (Custom ed.).