Module 3 Case: Employment At Will And Progressive Discipline

Module 3 Caseemployment At Will And Progressive Disciplinecase Assig

Summarize the Employment at Will Doctrine and its exceptions (approximately ½ page), and answer the follow questions: Which of the exceptions to the Employment at Will Doctrine are most relevant to current HR practice and why? What is Progressive Discipline? Summarize the steps in Progressive Discipline and Progressive Discipline’s approach to employee discharge. How do the concepts and practices of employment at will and progressive discipline interact? How important are the employment at will doctrine and progressive discipline to realizing employee potential and maximizing organizational outcomes? Explain your answer.

Paper For Above instruction

The Employment at Will (EAW) Doctrine is a fundamental principle of employment law in the United States that stipulates that either the employer or the employee can terminate the employment relationship at any time, with or without cause or notice, provided the termination does not violate specific legal exceptions. This doctrine offers flexibility to both parties but also places employees at risk of arbitrary dismissal, which can undermine job security and morale. However, there are several recognized exceptions to the EAW doctrine to prevent wrongful termination, including violations of public policy, implied contracts, and covenant of good faith and fair dealing. For example, firing an employee for reasons that violate public policy—such as refusing to commit an illegal act or reporting illegal activities—is an exception that protects employees from unjust dismissals. Similarly, implied contracts may arise from employer statements or policies that suggest job security, and breach of the covenant of good faith can prevent dismissals motivated by malice or unfair conduct (Fitzgerald & Davenport, 2019).

In contemporary human resources practice, the most relevant exceptions tend to be those based on public policy violations and implied contracts. These exceptions are crucial because they serve to balance the power dynamics between employers and employees, ensuring dismissals are justified and socially acceptable. For instance, public policy exceptions protect employees who report unsafe or illegal conduct, fostering ethical practices and organizational compliance (Kaufman, 2020). Moreover, implied contracts are increasingly relevant because employment relationships often involve verbal assurances or company policies that imply job security, which can influence HR decision-making and legal considerations.

Progressive Discipline is an HR management approach designed to address employee performance or conduct issues systematically and fairly, with the aim of correcting misconduct and improving performance before resorting to termination. The typical steps in progressive discipline include verbal warnings, written warnings, suspension, and ultimately, termination if the misconduct persists. Each step provides the employee with opportunities to understand the issues, improve, and correct their behavior. The approach emphasizes consistency and fairness, aiming to minimize wrongful dismissals and legal disputes (Snape & Roper, 2018). Progressive discipline focuses on documenting performance problems and providing employees with clear feedback, rather than immediate discharge, aligning with organizational goals of employee development and fairness.

The interaction between employment at will and progressive discipline reflects a nuanced balance in HR practice. While the employment at will doctrine permits employers to dismiss employees for any lawful reason, progressive discipline introduces a structured process that may influence the circumstances and justification for termination. Using progressive discipline can reduce wrongful termination claims by demonstrating a fair process and adherence to company policies, thus aligning with legal protections and ethical standards (Smith & Kidder, 2021). Essentially, progressive discipline acts as a safeguard within the flexibility of the employment at will framework, promoting fairness and accountability.

Both the employment at will doctrine and progressive discipline are vital for realizing employee potential and maximizing organizational outcomes. The employment at will principle offers organizations the flexibility to adapt swiftly to changing circumstances, fostering innovation and responsiveness. Meanwhile, progressive discipline encourages employee development by providing constructive feedback and opportunities for improvement, thereby enhancing engagement and productivity. Together, they promote a balanced environment where employees are supported in reaching their potential while organizations maintain the agility to meet strategic objectives. Effective use of progressive discipline within the permissible bounds of employment at will safeguards fairness, reduces legal risks, and contributes to a motivated and high-performing workforce (Choi, 2022).

References

• Choi, S. (2022). Human resource management practices in organizational success. Journal of Organizational Behavior, 45(3), 245-262.
• Fitzgerald, H., & Davenport, K. (2019). Employment law essentials: Protecting worker rights and employer interests. HR Publishing.
• Kaufman, B. E. (2020). The evolving employment relationship and the role of public policy. Journal of Labor Economics, 38(4), 839-870.
• Snape, E., & Roper, S. (2018). Managing employee discipline and conduct. Routledge.
• Smith, J., & Kidder, D. (2021). Fairness in discipline and termination procedures. Human Resource Management Review, 31(1), 100743.