Current Legal Issues of Human Resource Management

Over the years, there has been much debate over the classification of “Employment at Will” employees. “Employment at Will” is a term that refers to the protection applied to the employment relationship, where the employer or the employee has the right to terminate the employment relationship at any time.

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Elora Jean & Co. is experiencing tremendous growth both in its production division as well as its two non-union satellite offices. As the HR legal consultant, you are concerned with the manner in which union and non-union employees are terminated. You want to ensure the company understands the rights it has to terminate an employment relationship. On the other hand, you want to be sure Elora Jean & Co. is aware of the protection laws surrounding employment termination.

An additional challenge is found within the union environment. The union contract requires employees to be terminated only for “just-cause.”

With these issues in mind, what recommendations would you offer to Elora Jean & Co. to help position them for terminations that will not present legal risk yet enable the company to terminate employees who are not contributing to the success of the organization? What process will the company need to follow, and how can they be prepared to support the termination decision?