Business Question

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Business Finance

business management

Clayton state university

Description

Search for an article that addresses how terminating the employer-employee relationship can be one of the riskiest tasks for an employer. It should discuss the many possible impacts of the termination as well as numerous potential legal hurdles. After choosing your article, briefly summarize the purpose for the article and answer the following questions:

What is the authors’ main point, and what evidence is used to support it?

How does the termination of the employer-employee relationship create risk and legal issues?

How do exceptions to the employment at-will doctrine factor into termination decisions?

Begin with an introduction that defines the subject of your critique and your point of view. Identify if your point of view conflicts or agrees with the ideas and point of view of the article’s author.

You should then defend your point of view by raising specific issues or aspects of the argument. Offer your own opinion. Explain what you think about the argument. Describe several points from the article with which you agree or disagree. What evidence from the article, your textbook, or additional sources supports your opinion?

Conclude your critique by summarizing your argument and re-emphasizing your opinion.

Your critique should be a minimum of two pages, not including the title and reference pages. You must use a minimum of three sources, one of which may be your textbook. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

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Explanation & Answer

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Article Review

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Introduction
The article's purpose was to examine best practices for terminating the employee-employer
relationship and alternatives ways to avoid wrongful termination legal challenges. The authors
discuss the legal hurdles and risks associated with the employee-employer relationship's
termination and provide an in-depth analysis of the at-will employment doctrine rules. The
article further discusses the steps for the termination of the relationship, considerations for
termination, and the proficient ways to manage the termination. One particular subject of
interest in the article is at-will employment. My view on this subject agrees with the ideas and
point of view of the articles’ authors.
What is the authors’ main point, and what evidence is used to support it?
The authors’ main point revolves around the best methods of terminating the employeeemployer relationship. The employee’s employers should consider how the termination affects
the employee and the organization. The authors drew evidence supporting this point from the
idea that the employee-employer relationship may be detrimental and risky to the employer due
to its impacts on the terminated employee, co-employee, investors, suppliers, customers,
community the board members, and legal and numerous legal hurdles (Van Bogaert & GrossSchaefer, 2005). Another evidence supporting is claim is the emergence of a new concept of
termination management due to legal and ethical challenges associated with employee
termination- employer relationship.

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How does the termination of the employer-employee relationship create risk and legal
issues?
Termination of the employer-employee relationship creates risk and legal issues if the
employer does not follow the correct procedures in termination of the relationship. In the article,
the Director of Development was called to the Executives Director's office and informed she was
terminated. Upon inquiry of the dismissal, the executive director gives the Waiver and
Confidentiality Agreement, which she declines to sign. Executive directors’ actions can create
some risks and legal issues. First, such termination without following the procedure can attract
legal challenges under common law. The employees can claim that they were wrongly
discharged or the discharge subjected them to bodily, financial injury, or emotional distress.
Secondly, wrongful termination can attract contractual claims. Employees like the Director
of Development can allege that they were discharged in violation of oral or written contract,
verbal or written promises by the employer. Other legal risks and issues such as defamation,
unethical termination, retaliatory measures, termination in bad faith, and discrimination can arise
depending on how the employer handles the termination (Strolka, 2019. Employers must be
consistent and careful in what they say orally or in writing to avoid granting employees claims of
wrongful discharges as their basis.
How do exceptions to the employment at-will doctrine factor into termination decisions?
At-will employment doctrine is a set of beliefs that allows employers or employees to
terminate employer-employee relationships with or with no reason (Van Bogaert and GrossSchaefer, 2005). There are numerous exceptions under at-will employment, including
constructive discharge, statutory restrictions, public policy, disability, individual employment

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contracts, and collective bargaining. The at-will employment doctrine exceptions can influence
the employment termination decisions, especially terminations that fall in any of them.
The first exception, constructive discharge, refers to intolerable conditions and actions at
the resignation time. It can affect the termination decision; an employee can quit voluntarily and
later claim they were forced by intolerable conditions to quit and sue the employer. The second
is statutory restrictions, where state or federal anti-discriminatory statute prohibits termination of
workers belonging to a protected class (Johnson, 2017). Such anti-discriminatory laws curb
employers from using the at-will employment doctrine. The third exception is a disability.
Employees with disabilities are protected from the at-will-employment principle if they can
handle the tasks after reasonable capacity is implemented. The fourth exception is public policy.
Under public policy provides an employee is deemed wrongfully discharged if the termination
process is against the established State of federal policy. There are other exceptions, and
employers must be cautious before terminating the relationship.
Conclusion
Van Bogaert and Gross-Schaefer (2005) elaborated the steps and ways an employer can
undertake while terminating the employee-employer relationship. The authors asserted that the
employer should be considerate and compassionate while terminating the employee-employer
relationship. Of course, there are scenarios where employees will be terminated instantly after
multiple disciplinary warnings or due to their work ethics. I believe the employer should treat
them with dignity and avoid legal challenges to termination, including wrongful discharge. I
believe the employer should always document and notify the employee before termination or
employ other measures such as temporary dismission from duty without compensation and
imposing a fine on the employee's basic salary.

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References
Van Bogaert, D., & Gross-Schaefer, A. (2005). Terminating the employee-employer
relationship: ethical and legal ...

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