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TO EACH CLASSMATE POST SEPARATELY FOR EACH SPLIT WORD.docx

Mar. 21, 2023
TO EACH CLASSMATE POST SEPARATELY FOR EACH SPLIT WORD.docx
TO EACH CLASSMATE POST SEPARATELY FOR EACH SPLIT WORD.docx
TO EACH CLASSMATE POST SEPARATELY FOR EACH SPLIT WORD.docx
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Marshia MasseyEmployment-At-Will DoctrineLeg 500-Law, .docxMarshia MasseyEmployment-At-Will DoctrineLeg 500-Law, .docx
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TO EACH CLASSMATE POST SEPARATELY FOR EACH SPLIT WORD.docx

  1. ***RESPOND TO EACH CLASSMATE POST SEPARATELY FOR EACH PART. SPLIT WORD COUNT*** ***RESPOND TO EACH CLASSMATE POST SEPARATELY FOR EACH PART. SPLIT WORD COUNT***PART ONEGuided Response: Review your classmates’ responses. Respond to your classmates’ postings by Day 7, and explain whether you agree or disagree with their assessment of the employer’s actions.First Classmate Post:Hello class,Examine how the law allows an employer to fire an employee without a good reason. Conduct research to provide examples to support your position, and use your own personal employment experiences when possible.The law allows an employer to fire an employee without a good reason if there is an at-will contract in place with the employee. Rogers and Seaquist stated (2023), “With an at-will contract, an employer can legally end the relationship with an employee at any time for any reason without giving the employee warning or a reason for the termination” (Chap. 12, Sec. 2). Many companies don’t have at-will employment in their bylaws or employee handbook but may specifically state the employee can be terminated at for any reason at any time. Seeing this language in the contract would lead be to assume this is an at-will employment.Explain whether you have observed situations when an employee was fired.Did the employer give a reason?Do you believe the employer’s actions were legal?I have personally observed different situations when an employee was fired. For the most part all of the terminations I have witnessed have been merited. The employer didn’t give specific reasons out of respect and privacy of the terminated employee, but everyone knew it was performance related or due to attendance. This would be legal because these instances were outlined in our employee handbook and addressed multiple times before termination. The employee had ample amount of time to correct the mistakes.REFERENCESRogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus. https://content.uagc.edu/books/Rogers.6764.22.1/sections/ch12sec12.2Second Classmate Post:Hello Class,Examine how the law allows an employer to fire an employee without a good reasonAfter reading our text this week It would appear that most employment contracts are considered “contracts at will” according to the text “at will ‘ employment contracts do not indicate a length of time for employment. nor does it indicate when the employment relationship will end. The ‘At will” employment contract goes until the employee quits or gets fired. Because this type of employment contract has no set term the employer can fire the employee at any time without a good reason as long as it is not a form
  2. of discrimination. I am surprised to learn this. I thought employee had more protection and could not get fired just because the employee doesn’t like you. I had an experience where a coworker of mine did not like me because I had a fear that she did not agree with. She tried so hard to get me in trouble and I defended myself by going to HR with my concerns. Now she wasn’t my employer but if she was I could have been fired.Explain whether you have observed situations when an employee was fired.I have seen a few people be fired in my long employment history. One I can remember that stood out was a secretary that was actually walked out of the building. She was not allowed to gather her things or speak to anyone. This firing was I believe justified. She had been stealing from the building. One other time I witnessed someone get fired I believe falls under the ‘at will’ type of firing of an employee. We had just gotten a new manager. This manager sis not like one of the receptionist. The manager had commented on how she would dress and tell her she need to be more professional. Other employees dressed the same way but had not been approached about it. This employee had a situation were she was having trouble getting to work she lost her car. She would come in a little late but would inform the correct people. The manager took this opportunity to let this employee go for this reason. Mean while another receptionist would call in when the weather was bad just because she didn’t want to drive in. That employee was never told anything and kept her job. I personal do not think it was right but was it legal? After reading this weeks text it might have been.https://content.uagc.edu/books/Rogers.6764.22.1/sections/ch12sec12.2Links to an external site.PART TWOGuided Response: Review your peer’s responses. For at least two of your classmates, determine if your analysis of the facts is the same. Do you agree with their assessment, or do you see the issue differently? Explain your rationale.FIRST CLASSMATE POST:Hello Everyone,Discuss whether Karen can successfully sue for false imprisonment or defamation.Anyone can successfully sue but to get a verdict on their favor is a different story. Karen may sue but Steve only asked her to return back to the store as to clear up a question on the umbrella and no contact or being held was done she would be hard pressed to win a verdict on that scenario only. She was never imprisonment only stopped for questioning and released with an apologize and she was on her way. As far as the defamation it sounds like Steve only told her and did not broadcast it to the world so there would be no defamation on Steve behalf.From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions.As Steve was acting on the behalf of the company Big Mart if there were to be liable it would fall on the company and not on Steve as he was protecting the company interest. Steve was working under scope of authority be looking out for shoplifters he was solely questioning her he did not arrest her which at that point may be out of his scope of authority and Big Mart would be liable for any defamation lawsuit against them.Reference retrieved from: Rogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus chapter12SECOND CLASSMATE POST:Hello Everyone,In this scenario with Karen shopping at Big Mart, Karen cannot successfully sue for false imprisonment as she was not detained or held against her will; Steve asked Karen to step back into the store; she was free to leave or ignore his request as she owed no obligation to him or Big Mart. While Karen cannot sue for false imprisonment, on the other
  3. hand, Karen may be able to sue for defamation; if there was a false statement of umbrella theft made against her (here, Steve says he thinks Karen is shoplifting the umbrella; this is not an outright allegation) and if the allegation of theft was made in the hearing of others such as a third person, this fault could amount to negligence and cause damage to her reputation.Based on my understanding of the relationship between a principal and an agent, Steve or Big Mart could be liable because of Steve’s action should Karen bring a lawsuit, as he was acting as an agent of his employer, Big Mart, who is the principal. According to Rogers & Seaquist, 2023 an agent is an employee with added responsibility; in this case, Steve is responsible for acting on behalf of Big Mart, and his actions bind his employer (Big Mart) to whatever decisions he makes.ReferenceRogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus.
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