Employer-Employee Relations Quiz

Employer-Employee Relations Quiz Name MGT 434/ Employment Law accompaniment Instructor Employer-Employee Relations Quiz The attach to of Little Lamb hired bloody shame as a programmer for a special take to. at that place was a contract for that specific project, and near completion. However, the company was still in need of her services. So, they asked Mary to continue resolveing with the company until the project was finished. at that place was no key out of any contract made however, the supervisor of the company began to work unmediatedly with Mary.They wanted her to use company materials, equipment and at the same quantify remain on company work schedules. The company after two years went through financial difficulties and they asked Mary to leave. But a mere thirty days later the Little Lamb Company acquired a major contract. They hired Marys relative and never offer her the opportunity to return. Investigation Is Mary an self-supporting contractor or an employee? De scribe the factors that led to her determination. There is a need to know the release of Mary from her employment.The employment-at-will was under action for legal set of guidelines. There are two related questions that needed to be answered first and these are 1) her status while working at the Company, if she was an independent contractor or an employee and 2) the reputation of the employer-employee blood, if it underwent change over the course of time. Based on the information given, May was a skilled programmer who worked outside the context of regular office hours and direct supervision from the company manger or supervisor.There was a contract that was made for a specific project. It was pointed out that the project was near completion and at that placefore there was a time element to the work that it was non expected to go on and on forever. This means that Mary knew that after the project was completed, her services was no longer needed and the company had no obligation to retain her services or to make her an employee of Little Lamb Company. Has the employer-employee relationship changed over the course of time? Is so, how?Even so, when the project was completed for Little Lamb Company, Mary was still asked to continue working as a programmer and her services. There were changes in the employer-employee relationship. Her supervisor began to work closely with her in the new project. Mary was asked to continue using materials, equipment, and to follow the work schedules provided from the company. This plain means that Mary was considered as a priceless asset to the company and she was not working outside the company tho within the companys location.This made the job more gratifying along with having sources at her finger tips. Mary worked there for an additional two years. This suggests that she was working there even after she completed the second project. She is considered as an employee of the company. This brings the discussion to the exist question was Is Marys release legal under the doctrine of employment-at-will? Explain why or why not? If not, which of the following exceptions to employment-at-will have been violated? Explain why.Based on the doctrine of at-will-employment Marys release from employment was legal. According to experts An at-will-employment arrangement is an arrangement in which the employee serves at the unilateral pleasure of the employer (Reda, Reifler, & Thatcher, 2008). This simply means that the employer force out terminate the services of Mary without giving any explanation and there is no legal problem for doing so. This is because there were no pen employment agreements, plans, letters, or similar writing that Mary could have used to show that there was a check of agreement.There was a contract made but it can only be silent as contracts that were made for the first and second project. Following the completion of these two projects Mary was given another work load but there was no cont ract concerning her salary and other benefits that she could expect from the company. In this case the employment can only be understood as at-will-employment and the employer has the right to terminate her services without only if cause.In many cases the need to reorganize and to reduce the number of employees are valid reasons for the company to release mortal from employment and the courts will judge in their favor. Exceptions to At-Will Employment The doctrine of at-will-employment clearly favors the employer. The employer need not prove just cause before terminating the services of Mary. There are instances where the Company Little Lamb may be found to be in breach of the following 1) breach of earthly concern policy 2) breach of implied covenant of earnest faith and fair dealing and 3) breach of implied contract University of Phoenix Syllabus (2011).Even though at-will-employment gives the employer the ability to terminate employment at will, Mary can complain against unl awful termination if Mary was dismissed because she was asked to commit a crime, released from employment because she was a whistleblower against the illegal activities of the employer, dismissed because she served on a jury against the employers wishes or dismissed because she exercised her legal right this is considered a breach in public policy.Based on the information given Mary was not released because she was a whistleblower or testified against the company. Her employment was terminated because the company went through a financial difficulty. There could be an implied breach of contract with good faith along with fair dealing taking into consideration because Mary worked so hard for the company. This was evidenced by the fact that she was asked to do another special project when the first one was near completion.This is also made clear when Mary was asked to continue working for Little Lamb Company for two more years. This ruler is based on the idea that there exists a spec ial relationship of trust and reliance between the employer and employee and this can be measured by length of service (Vettori, 2007). In the case of Mary two years of work under at-will-employment is not enough to show that there was a special relationship of trust and reliance.At first glance it may seem that the Little Lamb Company is in breach of implied contract because of the way it treated Mary, starting from changing her status from a contract to an at-will employee with letting her stay and work for two more years can be interpreted as the company universe satisfied by the way she perform as a programmer. This does not immediately mean that there was a contract implied or otherwise. In Guz v. Bechtel National, Inc. he California Supreme Court decided that even if the employee has worked for a company for a long time, and during that tenure received pay raises, commendations, promotions, and other recognitions of continuing good performance this does not by itself create an implied contract protecting the employee from being released without just cause (Orrick, 2010). In Conclusion, Mary worked at Little Lamb Company for more than two years, first as an independent contractor and then as an employee.It was clear that there was a change in the employer-employee relationship because she was asked to do things that only apply to employees. As a result, when she was released from employment there could be grounds to contest the dismissal based on the breach of implied contract, breach of public policy with covenant of good faith and fair dealing consideration which brought attention in any deciding factors. However, there was no contract or any form of written agreement stating that Mary can only be terminated by first establishing just cause.This is because she is under at-will-employment and in this scenario the employer can terminate her services without just cause. It is very clear that the doctrine of at-will-employment protects the interest of th e employer and if Mary wanted to have job security the only way to do so would be to secure an agreement or a contract from Little Lamb Company that she can only be terminated with just cause. References Law Library-American Law and Legal Information. (2010).Employment at Will-Breach of an Implied Covenant of Good Faith and Fair Dealing. Accessed 01 August 2010 from http//law. jrank. org/pages/6433/Employment-at-Will-Breach-an-Implied-Covenant-Good-Faith-Fair-Dealing. html Reda, J. , S. Reifler, & L. Thatcher. (2008). New Jersey John Wiley & Sons, Inc. Vettori, S. (2007). The Employment abbreviate and the Changed World of Work. VT Ashgate Publishing. University of Phoenix syllabus, (2011) MGT 434 Employment Law, Little Lamb Scenario