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The Importance of Risk Management

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Imagine that you are a new graduate health care professional. When you started employment one month ago you were hired full-time days. A pregnant employee is just returning from maternity leave and you are told she will be taking your place and you will be going to the 11:00 p.m. - 7:00 a. m. shift. You refuse and you are discharged, without notice or severance pay. Is this a wrongful discharge? Give legal reasons for your answers.

Is this dismissal covered under the "employment at Will" Policy?

The "Employment at Will" policy is an understanding, usually a contract, between the employer and employee that the employer can terminate an employee at will for "no cause" (Kavaler and Spiegel,,2003). The other side of this policy is that an employee can also terminate employment without notice and for no reason. The only complicating factor is that the termination can not violate federal employment or discrimination laws. The employee may choose to take the dismissal to arbitration if he/she feels that the dismissal was unfair.

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Solution Summary

The importance of risk management are determined. The expert determines if it is dismissal to cover under the "employment at will" policy.

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In this particular case, the employer was well within their rights to discharge you without notice or severance pay. Employment at will policy clearly states that an ...

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