How does the termination of the employer-employee relationship create risk and legal issues?

Review the article “Terminating the Employee-Employer Relationship: Ethical and Legal Challenges,” located in the
Business Source Complete database of the CSU Online Library by clicking the link below:
Van Bogaert, D., & Gross-Schaefer, A. (2005). Terminating the employee-employer relationship: Ethical and legal
challenges. Employee Relations Law Journal, 31(1), 49-66. Retrieved from
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?
direct=true&db=bth&AN=17091666&site=ehost-live&scope=site
This article discusses how terminating the employer-employee relationship can be one of the riskiest tasks for an employer
due to the many possible impacts of the termination as well as numerous potential legal hurdles. After reading the article,
briefly summarize the purpose for the article and answer the following questions:
What is the authors’ main point, and what evidence is used to support it?
How does the termination of the employer-employee relationship create risk and legal issues?
How do exceptions to the employment at-will doctrine factor into termination decisions?
Begin with an introduction that defines the subject of your critique and your point of view. Identify if your point of view
conflicts or agrees with the ideas and point of view of the article’s author.
You should then defend your point of view by raising specific issues or aspects of the argument. Offer your own opinion.
Explain what you think about the argument. Describe several points from the article with which you agree or disagree. What
evidence from the article, your textbook, or additional sources supports your opinion?
Conclude your critique by summarizing your argument and re-emphasizing your opinion.
MHR 6401,

Title:Terminating the Employee-Employer Relationship: Ethical and Legal Challenges. .Authors:Van Bogaert, Dan1 dvanboga@/lmu.edu
Gross-Schaefer, Arthur1 agross@lmu.edu.Source:Employee Relations Law Journal. Summer2005, Vol. 31 Issue 1, p49-66. 18p. .Document Type:Article.Subject Terms:*Dismissal of employees
*Nonprofit organizations
*Employment at will
*Personnel changes
*Industrial relations.NAICS/Industry Codes:813319 Other Social Advocacy Organizations.Abstract:On late Wednesday afternoon, the day before Thanksgiving, the Director of Development for a small community non-profit organization is called to the Executive Director’s office. The Director of Development has been in her position for two years, and while she has not yet been able to raise large sums of money, she has worked hard and all of her performance reviews have been positive. Upon entering the office, she is surprised that there is another member of the senior staff present, and she can feel a tenseness that is highly unusual for this non-profit which prides itself on its warm, caring, family environment. She is quickly informed that she is being terminated and, in lieu of notice, she is being given a generous two-week severance payment. When she requests the reason for this sudden termination, the Executive Director slides a legal document entitled Waiver and Confidentiality Agreement over to her. When she refuses to sign the Agreement, the Executive Director tells her that he cannot discuss anything related to the termination. He then tells her that the other senior staff member will accompany her to her office, and that she has 20 minutes to remove all of her personal items. The Executive Director instructs her to not touch her computer, make any phone calls, or take any items belonging to the organization. Moreover, she is not to talk to any of the staff members. The other senior staff member walks with her to her office and stands watching carefully as she quickly gathers her personal items. He then escorts her out of the premises to her car. [ABSTRACT FROM AUTHOR] . Copyright of Employee Relations Law Journal is the property of Aspen Publishers Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).Author Affiliations:1Department of Marketing & Business Law at Loyola Marymount University, Los Angeles.

 

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