The Implementation of the Employment at Will Termination Policy
Employment At-will termination policy is a policy where an employer can at any one time and for any given reason, apart from an illegal reason, terminate contract of an employee without being legally liable. An employee is equally free to quit employment for any reason or none at all, at any time and incurring no legal repercussions. The employer can also change the conditions and terms of engagement without notice and incur no consequences.
Elora Jean & Co. has received an increased grievance cases, this means that possibilities of increased lawsuits are imminent. For the company to reduce these scenarios and put itself in position to strongly defend itself in case it happens, these are some of the steps to be taken.
The policies on employment should be reviewed often to ensure that they are current, consistent, understandable and capable of being fully implemented as per the law. Eliminate outdated policies.
The company should ensure that it is able to follow its own procedures and policies. It should be insisted that the policies are applied by supervisory personnel fairly and periodic audit of compliance carried out.
Fair treatment of employees builds trust hence reduces the chances of employees going to court. Situations arise when the company has to make very unpopular decisions and it will only depend on how the company is perceived that would determine the reaction of employees. It must be seen to be doing its best in handling the situation in the fairest way possible. Above all consistency in regard to procedures and policies on discipline will help convince employees that none is being sidelined.
Supervisors and managers should be educated on how to handle employees in the fairest ways possible. Dictatorial, unpredictable and non-communicative leadership is just but a recipe for employee litigation.
Problems with employs should be well documented as they occur. This will eliminate situations where favorable written evaluations are put in employee files. This will make it difficult for the company to determine the true performance of an employee thereby having hard time in taking a just position on an employee when a decision is to made about an employee.
The company needs to put a mechanism where employees can put in complaints without fear of victimization. At the same time they should also have a way to dispute disciplinary actions or evaluations which they deem unfair or centered on misinformation.
Implied contract claims can be made very defensible or avoided by being very cautious during interviews, carefully looking at written disclaimers in applications and handbooks. Language in handbooks and communication with employees should also be acceptable.
Employees termination should not be publicized at all cost. There must be confidentiality and only those who need to know should have the information on the employee. This is to eliminate any chances of defamation by the employee.
Employees will from time to time file lawsuits and the company must marshal strongest defense to ensure the company is safeguarded. This is to discourage other employees from seeking easy recovery from illegitimate claims (Thomson, Rhodes & Cowie).
The company should ensure that the labor laws are strictly adhered to. Laws like “The Americans Disability Act”, which requires that no discrimination is directed at a qualified person with disabilities, had disabilities, or perceived to be having disability. The act dictates that reasonable accommodation is available to the known physical or mental limitations unless such accommodation will cause an undue hardship to the company (Castleton, 2011).
The other employment act that must be looked into is the Fair Labor Standards Act. This act governs child labor, overtime, minimum wage and payroll records. The FLSA demands that employees must be paid all hours worked. This minimum wage has been revised by congress on many occasions. The Act also requires that employers pay overtime for all hours beyond a regular work week as per the stipulated rate. The act does not require workers to be paid special rates for night or weekend shifts. The state has provisions that determine some types of work to be too dangerous for minors. The company has to comply with the regulations on child labor and limited working hours for minors under the age of 16yrs. (Bowles, 2012).
The Family Medical Leave Act is federal law that gives employees the right to take time from work so as to seek medical care or take care of a family member . This act allows an employee to take up to 12 weeks of unpaid leave for their own medical needs or those of other family members like spouse, parent or child. Reasons for this leave are covered comprehensively in the Act. This law applies to any company that has a workforce of more than 50 employees.
Last but not least is the “Title VII of the Civil Rights Act of 1964”. This act prohibits employment discrimination based on religion, color, race, national origin and sex. It also prohibits discrimination in training, salary, promoting, firing and all other privileges (Castleton, 2011).
Given the expansion the Malaysian market the company must put into consideration the labor laws in Malaysia. The Malaysian Employment of Act of 1955 covers employees under a contract of service. Some of the issues covered in this Act include probation period, Entitlement of annual leave, maternity leave, sick leave, rest day, termination of contract among others. The company must ensure that these laws are adhered to so as to avoid litigation in Malaysia (Fadhillah, n.d.)
References
Castleton, W.R. (2011). Employment Laws – EEO Coverage Overview
David R. J, Esquire T, Rhodes & Cowie, P.C.
Fadhilah, S. Omar, N. (n.d.). MALAYSIAN LABOUR. Retrieved from www.azminias.com
Lucy Bowles, (2012). Fair Labor Standards Act in Indiana https://www.ehow.com/about_6137147_fair-labor-standards-act-indiana.html
