MODUEL V CASE STUDY
BHM324. Human Resources Management
Dr. Joy Lough
23 JAN 2012.
The will to work
As thousands of service members return to the U.S., severe economic conditions render acclimation to civilian life especially difficult. In 2010, as the combat mission in Iraq approached an end, the unemployment rate of Iraq and Afghanistan-era veterans had reached 13.1 percent. During the same period, the unemployment rate of returning Reserve and National Guardsmen reached 10.6 percent. (Basch, p30.)
Any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals for good cause, or bad cause, or no cause at all, and the employee is equally free to quit, strike, or otherwise cease work, however, under the public policy exception, an employer may not fire an employee if it would violate the state's public policy doctrine or a state or federal statute. This includes retaliating against an employee for performing an action that complies with public policy, as well as refusing to perform an action that would violate public policy.
A contractual employee is one who is hired to work for a specific period of time on an hourly basis or a contracted amount. This includes part-time, seasonal, temporary faculty, students, staff and administrative employees. A contractual employee would work for a union or a government job as such. (Gorr, p7.)
Thirty-seven U.S. states also recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee. Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied...