final question1.docx Final Paper Focus of the Final Paper The Final Research Paper should address a topic that is connected to the content of this course (elements and requirements of a valid contract; issues related to real and personal property; intellectual property; employment law; and/or, international law and the global marketplace.)  This paper should focus on a legal issue or situation that relates to a business environment or activity with a focus on the legal impact technology has on this issue. Ideally, this topic would concern a matter that you have experienced or that you have knowledge of; however, this not a requirement, only a suggestion. Apply the legal concepts and ethical considerations discussed in this course to your chosen topic. At a minimum this paper should include:  · A detailed description of the topic. ·  An analytical discussion of the legal issues that are involved. This would entail examining the issue from different viewpoints. · A discussion of ethical considerations (Remember: What is legal may not be ethical). · A discussion of the legal impact technology has on this issue. · A well defined and logically stated argument to support your position. This would include any suggestion or ideas for improvement in this area of law. · Four research sources, two of which must be from the Ashford Library.   The paper also needs to meet the writing requirements that are set out below under “Writing the Final Research Paper." Writing the Final Paper The Final Paper: 1.    Must be eight to ten double-spaced pages in length, and formatted according to APA style as outlined in the Ashford Writing Center. 2.    Must include a title page with the following: a.    Title of paper b.    Student’s name c.    Course name and number d.    Instructor’s name e.    Date submitted 3.    Must begin with an introductory paragraph that has a succinct thesis statement. 4.    Must address the topic of the paper with critical thought. That is, what is your response to the content, either positive or negative, and then defend your position. If multiple options/alternatives/positions are present and are being rejected you must also defend the reasons for rejecting an option 5.    Must end with a conclusion that reaffirms your thesis. 6.    Must document all sources in APA style, as outlined in the Ashford Writing Center. 7.    Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center. Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment. grading rubric 1.docx guide1.docx 1 Ready Aim Fire: At-Will Employment Name THIS IS AN FINAL PAPER BUT SOMEONE IS ALREADY USING THIS ON THIS CLASS AND THIS PAPER WILL BE PLAGIARIZED IF TURNED IN USE THIS AS GUIDE. The at-will employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Roge ...

1. final question1.docx
Final Paper
Focus of the Final Paper
The Final Research Paper should address a topic that is
connected to the content of this course (elements and
requirements of a valid contract; issues related to real and
personal property; intellectual property; employment law;
and/or, international law and the global marketplace.) This
paper should focus on a legal issue or situation that relates to a
business environment or activity with a focus on the legal
impact technology has on this issue. Ideally, this topic would
concern a matter that you have experienced or that you have
knowledge of; however, this not a requirement, only a
suggestion. Apply the legal concepts and ethical considerations
discussed in this course to your chosen topic. At a minimum
this paper should include:
· A detailed description of the topic.
· An analytical discussion of the legal issues that are involved.
This would entail examining the issue from different
viewpoints.
· A discussion of ethical considerations (Remember: What is
legal may not be ethical).
· A discussion of the legal impact technology has on this issue.
· A well defined and logically stated argument to support your
position. This would include any suggestion or ideas for
improvement in this area of law.
· Four research sources, two of which must be from the Ashford
Library.

2. The paper also needs to meet the writing requirements that are
set out below under “Writing the Final Research Paper."
Writing the Final Paper
The Final Paper:
1. Must be eight to ten double-spaced pages in length, and
formatted according to APA style as outlined in the Ashford
Writing Center.
2. Must include a title page with the following:
a. Title of paper
b. Student’s name
c. Course name and number
d. Instructor’s name
e. Date submitted
3. Must begin with an introductory paragraph that has a
succinct thesis statement.
4. Must address the topic of the paper with critical thought.
That is, what is your response to the content, either positive or
negative, and then defend your position. If multiple
options/alternatives/positions are present and are being rejected
you must also defend the reasons for rejecting an option
5. Must end with a conclusion that reaffirms your thesis.
6. Must document all sources in APA style, as outlined in the
Ashford Writing Center.
7. Must include a separate reference page, formatted
according to APA style as outlined in the Ashford Writing
Center.
Carefully review the Grading Rubric for the criteria that will be
used to evaluate your assignment.
grading rubric 1.docx

3. guide1.docx
1
Ready Aim Fire: At-Will Employment
Name
THIS IS AN FINAL PAPER BUT SOMEONE IS ALREADY
USING THIS ON THIS CLASS AND THIS PAPER WILL BE
PLAGIARIZED IF TURNED IN USE THIS AS GUIDE.
The at-will employment doctrine “employment at-will means
that employers are able to terminate ones employment at any
time, for any cause - with or without notice. (Rogers, S. 2012)
was put into place to protect both the employee and the
employer. By making the employment at-will both the employer
and employee can void the contract at any time without
repercussions.
The "Employment At Will" Doctrine was created in the US in
the late 1800's. This Doctrine was favored by employers since it
gave them extreme freedom to run their business as they saw fit
and protected them by the courts at the same time. As with most
things that have too much freedom, abuses occurred that
eventually gave rise to employee’s up-rising by joining unions.
Due to this and the Civil Rights laws implemented in the 1960's,
companies started documenting their policies regarding how,

4. why, and when an employee could be terminated. The courts
then held companies accountable for following their employee
manuals which in recent times have made companies scrutinize
their manuals very closely and frequently” (Butsch, R., &
Kleiner, B. H. 1997) Many people assume that with the at-will
doctrine being put into place would stop employers from taking
advantageand still fire people at any time, whenever they felt
like it leaving that employee floundering with unexpected loss
of income. That assumption is only half right; the At-will
doctrine means that an employee can leave also whenever they
want leaving that employee shorthanded and possibly causing
that employer money as well as time. There are both pros and
cons to both sides when it comes to the at-will doctrine and this
paper will give you examples of for both sides.
For employers when dealing with the at-will doctrine there are
so very basic benefits that all employers believe should just
naturally be their right. When you hire a n employee with a
contract you cannot fire them for a set period of time without
having to worry about a lawsuit, so if that person is for instance
a low producer in a sales department driven by production then
the employee just has to wait out the contract before acting on
their displeasure and terminating the low producer. With the at-
will doctrine sales jobs that are driven by production would not
have a hiring contract but would hire all sells associates to
employment at will and can therefore make production a term of
continued employment, and are therefore protected from any
wrongful termination law suits. Employers are also able to use
this doctrine in the event that the company is at a state that
would cause them to have to make budget cuts, downsize or
eliminate positions in order to stay solvent, they can do so
without worry of a class action suit for wrongful termination.
This benefit of the at-will doctrine has come in handy to large
corporations suffering in a bad economy that need to downsize
and let go of long time employees with good work records that
have very large salaries. By being able to eliminate these high
salaries without worry of lawsuit the companies were able to

5. stay solvent.
For employees dealing with the at-will doctrine gives them the
right to determine if they feel that their services are worth more
than they originally thought and asking for a raise. If a person
is hired with an employment contract the terms of time of hire
and wages are set in stone until the contract ends. At-will
employees have the ability to search out and except alternate
employment if they feel that they are unhappy with their current
employers and leave at anytime or shall I say at will. This is a
bonus for employees in much the same way as it is for the
employers, for instance if a company is floundering an a
employee takes notice, they may start looking for alternate
employment and leave the company before the company goes
under. Under other circumstances employees are able to
enhance their skills under the employment of one company in
order to meet the requirements of another company and leave
the company without any notice.
With all things there are pros and there are cons. When dealing
with the at-will doctrine there are some things that both the
employers and employees will find distasteful. While at first
glance you can see where this doctrine benefits both sides, both
sides can face some definite losses due to the doctrine.
For employers when they hire a person to an at-will contract
then that employers has some hiring procedures that it goes
through. For example when an employer hires a person they are
already spending money on this employee by sending the
employee to undergo drug screenings, training and if needed
ordering uniforms for this person. Even something as small as
doing incoming employee paperwork is a cost to the employer,
so time and money are expended by the company before this
person ever really begins work. If this person only works for a
month and then quits unexpectantly then the employer takes a
loss of revenue without any recourse of redeeming it. The at-
will doctrine also works against employers that have employees
that excel at their positions so much that other companies are
headhunting them. The term headhunting means that other

6. companies have noticed what a great employee you have, so
they are making offers to this employee to leave one company
to come to theirs. Because these employees are not under
contract they are free to leave to go to the company that is
headhunting them.
For employees the at-will doctrine puts them in a position to
possibly become unemployed at any moment because their
employment is not guaranteed. Simply being hire to a company
does not mean that the company is going to keep you employed.
For example an employer may hire you to get a new store up
and running and does not have any obligation to tell you that
they may only need you temporarily. You may be hired by an
employer and doing a great job so expecting that because you
are doing a great job the employer will keep you employed only
to be fired without reason. The at-will doctrine allows
employers to fire at will without cause. Employees with
families that count on the benefits offered by employers are at
risk of losing those benefits without reason at any moment, This
reason alone is why most people with families in need of
benefits search out contract jobs so as not to be left unprepared
without benefits.
There are exceptions to the at-will doctrine, “The Industrial
Revolution planted the seeds
for the erosion of the employment-at-will doctrine. When
employees began forming unions, the collective bargaining
agreements they subsequently negotiated with employers
frequently had provisions in them that required just cause for
adverse employment actions, as well as procedures for
arbitrating employee grievances. The 1960s marked the
beginning of Federal legislative protections” (Muhl, C 2001)
State and federal laws came about that now offered protection
to employees in certain circumstance that would protect the at-
will employee from wrongful termination. “Even if you are an
at-will employee, you still cannot be fired for reasons that are
illegal under state and federal law. In these situations, the
government has decided to make an exception to the general

7. rule of at-will employment.”(Repa, K 2012) Wrongful
termination can take place even if you are an at-will employee.
There are several ways you can determine if you were
wrongfully terminated. “There are actually many labor laws an
employer can break in wrongfully terminating an at-will
employee. Just because you are an at-will employee, does not
give your employer the right to be discriminatory. As discussed
below, state and federal law prohibits discrimination based on
several categories, including race, religion, gender, age,
national origin, disability, pregnancy status, and, in many
states, sexual orientation or gender identity. If your employer
has done anything to discriminate against you, she could face
serious legal trouble.” (Glickman, S. 2010) Many employees are
at odds over what they should consider wrongful termination so
administrations were created to help employees to better
understand what they can consider wrongful termination. If an
employee feels that their termination is wrongful due to
discrimination they can go to the EEOC (equal employment
opportunity commission) to see if their case has merit. In most
cases “. All of the laws enforced by EEOC, except for the Equal
Pay Act, require you to file a Charge of Discrimination with us
before you can file a job discrimination lawsuit against your
employer. (EEOC.Org) There are other exceptions to the at-
will doctrine for instance an employee cannot terminate you if
you refuse a request that you do something that you feel is
illegal or immoral. In these cases the at-will doctrine will not
protect them. “courts in most states have developed legal
theories that effectively restrict an employer's right to terminate
employees at will, (36) The most frequently used theory is the
"public policy" exception. (37) When application of the
employment-at-will doctrine to a particular case would violate
an identified public policy of the state, the doctrine will not be
applied. For instance, employers have been found to have acted
contrary to public policy if they terminate employees for
refusing to violate criminal statutes(38) (such as engaging in
illegal price fixing,(39) misbranding food products,(40) or

8. illegally polluting the environment(41)) or for "whistle
blowing."(42) The contours of this exception depend on a given
court's notion of what constitutes a sufficiently significant
policy deserving of its protection, There has been, therefore, no
uniformity among the states adopting the exception as to the
limits of its applicability, and the doctrine's effect has not been
predictable to any great degree of certainty within each state.”
(Victory, F. 1992)
The evolving of the at-will doctrine in time brought about the
need for exceptions to be set up when legally dealing with at-
will employment. One such exception is the implied contract
exception. “The second major exception to the employment-at-
will doctrine is applied when an implied contract is formed
between an employer and employee, even though no express,
written instrument regarding the employment relationship
exists. Although employment is typically not governed by a
contract, an employer may make oral or written representations
to employees regarding job security or procedures that will be
followed when adverse employment actions are taken. If so,
these representations may create a contract for employment.
This exception is recognized in 38 of the 50 States.” (Muhl, C
2001) 37 of the States recognize this exception to the at-will
doctrine. There are also Statutory exceptions, for example North
Carolina has several “where the North Carolina General Statutes
expressly prohibit dismissal: for filing claims under the
Workers' Compensation Act or the Occupational Safety and
Health Act (in violation of the Retaliatory Employment
Discrimination Act for serving in the military or the National
Guard, for participating in an unemployment compensation
proceeding, for serving on a jury, and lastly for dismissal for
reporting improper government activities.” (UNC Scholl of
Government 2012).
With the at will law constantly evolving it has become more
about personal privacy and what rights employers have in
regard to an employee’s personal privacy. Whether or not
employees can be terminated at will for not relinquishing these

9. privacies has become a big issue. For example, with the
progression of the internet and social pages such as Facebook
and Twitter. The at-will doctrine comes into play here because
“It may be granted that there are areas of an employee's life in
which his employer has no legitimate interest. An intrusion into
one of these areas by virtue of the employer's power of
discharge might plausibly give rise to a cause of action,
particularly where some recognized facet of public policy is
threatened” (Deborah, A.B 2000). In most workplaces,
employees are “at will." Therefore, texting or tweeting workers
can be fired simply because the boss does not think a post
reflects well on the company or the individual. Lawyers and
government agencies will successfully object if the firings
violate laws governing discrimination, harassment, or other
legal protections, such as the "concerted activities" cited in the
above Facebook case. But if and until the law catches up with
social media use, any worker concerned with job security, and
any employer concerned with protecting an image online,
should make sure they're on the same page. Organizations need
a social media policy that is specific and updated, and
employees should know exactly what it says.” (Bacon/Wilson
2011)
In conclusion the at-will doctrine first created to keep
employers from abuse of power has changed and evolved
through the years and has become a safe haven for both
employers and employees. With the world changing so rapidly
and things such as social media coming into play the laws are
not keeping up. Many cases are brought each year for wrongful
termination and each case brings something new to the table
regarding the at-will doctrine but because the doctrine and the
statutory exceptions are in place it make it easier for law
makers to determine whether or not the suit has merit. If a case
has merit and the courts feel it is legitimate then new
regulations and statutes are written and added to the at-will
doctrine but this doesn’t happen without a lot of legal haggling
on both sides. Neither side can complain that the doctrine favors

10. the other and each side is equally represented so that both
employers and employees can both get pros and cons out of it.
References
Bacon/Wilson 2011 Employment law bits
http://bwlaw.blogs.com retrieved from the internet on March 6,
2013
Butsch, R., & Kleiner, B. H. (1997). New developments
concerning the doctrine of employment at will. Managerial
Law, 39(1), 54-59. Retrieved from
http://search.proquest.com/docview/196365992?accountid=3252
1
Deborah, A. B. (2000). Employment-at-will: The impending
death of a doctrine. American Business Law Journal, 37(4),
653-687. Retrieved from
http://search.proquest.com/docview/203397796?accountid=3252
1
EEOC 2013 EEOC employee and job applicants
http://www.eeoc.gov retrieved from the internet on March 6,
2013
Glickman, S. 2010 At-Will Employee FAQ's
http://employment.findlaw.com retrieved from the internet on
March 6, 2013
Kepa, B 2012 Employment at will: What does it mean? Nolo
law for all http://www.nolo.com retrieved from the internet on
March 5 2013
Muhl, C 2001The employment-at-will doctrine: three major
exceptions http://www.bls.gov
Retrieved from the internet on March 5, 2013

11. Rogers, S. (2012). Essentials of Business Law. San Diego, CA:
Bridgepoint Education, Inc.
UNC School of Law 2012 Employment at will and its
exceptions http://www.sog.unc.edu retrieved from the internet
on March 6, 2013
Victory, F. (1992). The erosion of the employment-at-will
doctrine and the statute of frauds: Time to amend the
statute.American Business Law Journal, 30(1), 97-97. Retrieved
from
http://search.proquest.com/docview/203422536?accountid=3252
1