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Essay / Research Paper Abstract
A 6 page research paper that examines the fairness of employee disciplinary policies and the legal ramifications of employment-at-will. Bibliography lists 5 sources.
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6 pages (~225 words per page)
File: D0_khematwl.rtf
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at will," which was founded on the idea that since the "employer stood to lose the most in the workplace," the employer "had an absolute right to determine who worked
for him or her, how long they worked and under what conditions they were employed" (Zachary, 2003, p. 23). Legislation has been enacted-including both state and federal law-which has placed
restrictions on employment-at-will. Nevertheless, employers place themselves at-risk for lawsuits filed by disgruntled employees when company disciplinary policy is not clear. It is also true that employees have the impression
that employers require a legitimate reason in order to terminate workers. They expect the system to be completely fair. This examination of disciplinary policies will show that while the employment-at-will
doctrine has been eroded due to legislation barring discriminatory practices, it has not completely vanished. Therefore, while some disciplinary policies fit with the public conceptualization of fairness, others do not.
The Employment Law Information Network (ELIN) (2007) offers a "sample employee discipline policy." This sample policy leaves open to the employer the discretion to implement disciplinary action as the
employer deems fit; however, it also outlines a process of progressive disciplinary action. This process consists of six levels of discipline, which is incremental in response to inappropriate employee behavior.
The first disciplinary action is "Verbal Caution," which is when an employee cautioned by a supervisor or manager that some sort of behavior on the part of the employee is
considered problematic. This caution is recorded and remains in effect for a specified period of time, usually three months (ELIN, 2007). The next level of disciplinary ac5tion if a
"Verbal Warning," which is more serious in nature than a "caution." This is also documented in the employees personnel file. A "Written Warning" is the next disciplinary level and is
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