| Appendix A – Critical Thinking Applications
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CHAPTER 12 – CRITICAL THINKING APPLICATIONS
Critical Thinking Application 12-A
Employment-at-Will
* Contributed by Jennifer R.D. Robin
A study was discussed in which individuals were asked their perceptions of employment–at-will.
Specifically, they were asked to define the concept and they were presented with a scenario in
which they were to determine if a termination was lawful. Do a similar “study” by asking 10
people the following questions.
1. Define employment-at-will.
2. Can an employer legally fire someone who was performing satisfactorily merely to
replace her with someone at a lower wage?
3. Can an employer legally fire someone who refuses to participate in illegal billing
practices?
4. Can an employer legally fire someone who has been accused of stealing, even if the
employee can prove that he or she is not the culprit?
Description: This exercise raises an interesting question as to how well individuals understand
their protections from termination under Employment-at-Will doctrine. Most likely, the
students themselves have not considered these issues, so exploring and understanding them
will be a new experience. Moreover, the issue can be a springboard for debate over the current
laws. Should workers be afforded more protection against termination than what already
exists? In other words, are they as “free” to determine the path of their careers, as
organizations are “free” to determine the best way to achieve productivity, as at-will doctrine
seems to suggest? On the other hand, would increased regulations be a greater strain on
organizations than is necessary? Between employment law, union agreements, and state
regulations, organizations are already forced to adopt many, many practices that require
administration and oversight.
Part A:
This section involves gathering data on four key questions dealing with employment–at-will.