Such a denial may be contrary to fact and law. It is not always necessary for the worker to be able to identify a specific event or date of injury for the claim to be compensable. A person who works in a coal mine, cement factory, foundry, or motor vehicle manufacturing plant, and as a result of the dirty, dusty, oily air, contracts a lung disease would never be able to identify a specific traumatic event that caused the condition, or a specific date of injury or disease. A person who works over a long period of time performing heavy physical labor in the construction industry, manufacturing industry, or other material handling industry, and as a result of heavy lifting contracts a pathologic condition of the neck, back, shoulder, hip or knee may not be able, with any degree of certainty, to identify a specific traumatic event that caused the condition, or a specific date of injury or disease.
The question that arises in such circumstances is whether the employee has any legal recourse.
Many employees who believe that they were unfairly terminated mistakenly assume that they have a right to reinstatement, and a remedy for consequential damages, including back pay. Whether such rights and remedies exist often depends on how the courts apply the well known but often-assailed at-will employment doctrine or one of its numerous exceptions.
The at-will employment doctrine basically provides that an employer may terminate an at-will employee at any time, for a good reason, for a bad reason, or for no reason at all. Wisconsin has followed this general rule since the nineteenth century case of Prentice v. Ledyard, 28 Wis The logic is that unless otherwise agreed, all employment is presumed to be for an indefinite term, terminable at the will or whim of either the employer or the employee without advance notice.
Each day constitutes a new agreement, neither creating Employer employee relationship essay nor duties from one party to the other. There are many exceptions, so numerous that they almost, but not quite, swallow the rule. The exceptions fall into several categories. See also statutes proscribing termination based on an employee's union activities, National Labor Relations Act, 29 U.
The assertion that an employer wrongfully discharged an employee because the employee made a worker's compensation claim requires proof that the employer, without reasonable cause, refused to rehire an employee who was injured in the course of employment, even though suitable employment was available within the employee's work restrictions.
Such claims are usually quite difficult. See Great Northern Corp. Other case examples follow: Dalco Metal Products v. Employee was fired following day. Court held for employee ; West Allis School Distr.
Prior to return to work, employer took steps to lay employee off. Employer had no intention of allowing employee to return to work indefinitely.
Less than one month after return to work, employee was laid off permanently, and replaced by new worker. Termination during healing period. Firing based solely on existence of injury without benefit of competent medical opinion that injury would permanently prevent return to work.
Court held for employee. A further discussion of anti-discrimination laws is beyond the scope of this essay. Certain constitutional and statutory provisions create property rights to continued employment that cannot be infringed without due process of law. An outline of the law is provided so that parties may consider their rights.
If the general rule applies, and no exceptions apply, the employer may terminate an employee with impunity and without advance notice.
Likewise, an employee may quit the employment for any reason and without notice. There is no remedy to the aggrieved party in either case. Despite the existence, ubiquity and notoriety of the general rule, there is much litigation regarding wrongful discharge.
Express contracts and implied contracts can be created through employment handbooks, company rules and policy documents. When an employer assures the employee that the employee is employed for a definite period of time, the employee has grounds for a wrongful discharge claim if prematurely fired without "just cause.
The employee was hired as a hotel security guard on an at-will basis, but soon thereafter was asked by the hotel to sign a statement in an employee handbook that spelled out all the terms and conditions of employment, including discharge procedures.
The employee handbook recited the policies and rules of the employment and Ferraro's acceptance of those regulations as a condition of his continued employment.
In addition, the handbook provided a layoff procedure based on seniority; distinctions between probationary and non-probationary employees, including disciplinary procedures; a progressive procedure for discipline based on the number and seriousness of rule violations; discharge only for "just cause"; and a promise from Ferraro that he would provide a two-week notice before leaving the employment.
In this case, the court held that the rules and procedures to which both parties had agreed in writing, and for which consideration was given, created an express contract between the parties. When Ferraro subsequently abused a hotel guest for a parking violation, the hotel interviewed the guest and other witnesses, determined that there were grounds for discharge, and fired the employee.
Ferraro filed suit for wrongful discharge.of course, please contact me for additional clarification. i can validate every dimension of my proficiencies in human resource management.
See Also: Employer Best Practices for Workers with Caregiving Responsibilities; Questions and Answers about EEOC’s Enforcement Guidance on Unlawful Disparate .
Employer-Employee Relationship Essays: Over , Employer-Employee Relationship Essays, Employer-Employee Relationship Term Papers, Employer-Employee Relationship Research Paper, Book Reports. ESSAYS, term and research papers available for UNLIMITED access.
Risk is the potential of gaining or losing something of value. Values (such as physical health, social status, emotional well-being, or financial wealth) can be gained or lost when taking risk resulting from a given action or inaction, foreseen or unforeseen (planned or not planned).Risk can also be defined as the intentional interaction with uncertainty.
- This essay is going to explain about the contemporary management function and the employee-employer relationship by using Hawthorne studies and explain about the experiments he did, and will discuss about Hawthorne's studies and some articles that will be mention in this essay.
Many employers utilize personality tests in the employment selection process to identify people who have more than just the knowledge and skills necessary to be successful in their jobs. If anecdotes are to be believed—Dilbert must be getting at something [ ].