Employment Law Basics

©SHRM 2008 Welcome to Coffee Bistro

©SHRM 2008 At Coffee Bistro Can David really fire Ryan? What about just “squeezing” him out of a job? What’s HR’s responsibility here?

©SHRM 2008 Employment Law Basics Employment-at-Will Doctrine > An unwritten contract created in the employer/employee relationship. > No agreement exists defining how long the employment relationship will last. > Either the employer or the employee can terminate employment at any time. > The employer can terminate with cause, without cause, or for no cause.

©SHRM 2008 Exceptions to the Employment-at-Will Doctrine Public policy. Breach of implied covenant of good faith and fair dealing. Tort actions – constructive discharge.

©SHRM 2008 Exceptions to Employment-at-Will Doctrine An employer cannot terminate an employee for: > Refusing to carry out an illegal activity. > Exercising a legal right. For example, filing a workers’ compensation claim. > Performing a legal duty. For example, serving on jury duty. > Whistleblowing (reporting the employer’s wrongdoing).