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Topic:

Rules of an Employer" U.S. Laws Law Coursework Paper

Coursework Instructions:

"Rules of an Employer" _U.S. Laws_
Please respond to the following:
1. Explain the Employment-at-Will Doctrine and identify and explain ALL the exceptions. If your employer does not like your hairdo, can he fire you? Pursuant to the doctrine, explain your answer per the law.
2. Identify and provide the exceptions to the (EAW) Employment AT Will- in Maryland -USA and include your source for information.
3. As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, etc. You decide to hire some friends and pay them as they work rather than go through the expense and procedure of bringing in “actual” employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business. One friend ordered way too much from a vendor:
o Explain Agency Law terminology and the three ways an Agency relationship is created per the text reading. What are the implications of Agency Law that apply in the above scenario?
o Since the person who ordered was not an employee, is the business liable to pay for the improper order? Why or why not?
o When is a business liable for an employee’s actions and, how is "scope of employment" relevant? Please use legal language to demonstrate your understanding of Agency Law and liability.

Coursework Sample Content Preview:

Rules of an Employer- U.S. Laws
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Institution
Rules of an Employer- U.S. Laws
At-will employment is an employment agreement where an employee can be dismissed at any time and an employee can leave employment at any time with no warning or cause. The Employment-at-Will Doctrine provides exceptions whereby a termination can be termed as wrongful. The first exception is referred to as the public policy exception. It prevents an employer from terminating employment when they violate government policies, laws, and rules, such as anti-discrimination laws. The second exception is referred to as the implied covenant of good faith and fair dealing. It means that employers and employees should not undermine each other’s rights by acting in bad faith. They should also be fair to each other and keep their word instead of avoiding their obligations. The third exception is referred to as the implied contract exception. It prevents employment termination when there is an employment contract detailing the terms of employment, such as the conditions of discharge, compensation and such (Cornell Law School: Legal Information Institute, n.d.). An employer can fire someone if he does not like their hairdo. An employee’s hairdo does not fall under the distinguishing characteristics that can be used to discriminate against someone. However, if a contract was signed and in it, a clause allowing the employee to have any hairdo was included, then the employer would be acting in bad faith if they decided to fire the employee.
In Maryland, employment is mostly at-will. However, some exceptions protect employees from wrongful termination. First, employees are protected from termination resulting from discrimination. Second, there is an exception that employees should not be terminated when the employer violates laws such as compensation claims filing, minimum wage, and such labor laws. An employee also cannot be fired for attending military service or jury duty (Maryland Department of Labor, n.d.).
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