Free Essay Example on Law: The Value of Fair Treatment in the Workplace

Introduction

Fair treatment in the workplace is governed by legislation such as the federal anti-discrimination laws, federal health, and safety laws, and employer firing practices related to the Employment at Will (EAW) doctrine. The federal anti-discrimination laws are those legislations that seek to protect employees and job applicants from bias or unfair practices based on color, race, age, disability, national origin, sex, or religion. Then there are the federal health and safety laws that require employers to manage their employees' health and safety by providing a safe working environment and financial cover for health risks. Finally, the EAW doctrine is a form of agreement stating that employment is for an indefinite period terminated by either the employer or the employee. Together, the laws described above help protect both employer and employee rights.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Recent Legislation

The Affordable Care Act of 2010 is one of the most recent federal laws within the past ten years to help protect employees against discrimination. The Affordable Care Act, also known as Obamacare, is one of the main legislation that was given by former president Barrack Obama, that expanded Medicaid eligibility to create changes in the health insurance and prevented Insurance companies from denying coverage or charging more for preexisting health conditions (Rak 318). One of the Affordable Care Act's key provisions, unless otherwise stated, was that employers were to provide insurance covers for their employees or pay penalties. The only ones excepted from such a requirement were the small employers. The second provision was for individual small businesses to receive tax credits to cover specified health insurance costs for their employees. The individual mandate was one of the special considerations by the Affordable Care Act (ACA). However, on 17 Dec. 2018, a District Court Judge ruled the ACA's individual mandate unconstitutional hence declaring the entire law invalid (Cauchi). Also, South Dakota passed a resolution that opposed the government takeover of healthcare (Cauchi). However, such legislation remains non-binding because of the Supremacy Clause, which gives federal law and constitution precedence over state legislation.

EAW Doctrine

The EAW defines the relationship between the employer and the employee in regard to the terms of employment. According to Ewoh and Olayinka, work is viewed as an employee's source of income, and well-being, combined with the inability to protect the worker's livelihood from unjust dismissal, created the judicial exceptions to the EAW (112).

The three main exceptions to the EAW doctrine are; public policy implied contract and covenant of good faith and fair dealing in most States (Ewoh and Olayinka 112). The public policy exception states that employee dismissal is unconstitutional when it goes against an explicit well-established public policy of the state. For example, most states would not allow the firing of an employee for refusing to break the law at their employer's request. Second, the implied contract exception applies when there is an implied contract between an employer and employee, even in the absence of an express, written instrument regarding the employment (Muhl 7). An example would be an employer making some written or oral representations to their workers regarding their job security during times of adverse employment actions. According to Muhl, such terms may qualify as contracts in some states such as California (7). Finally, there is the covenant of good faith exception, which at its broadest, reads a covenant of good faith and fair dealing in every employment contract or relationship. It can be interpreted to mean that the employer's decisions on the workers are supposed to cause (Muhl 10). It can also be interpreted to mean that employment decisions such as terminations made in bad faith are prohibited.

Whistleblower protection is an example of legislation that was made based on the EAW doctrine. Whistleblower protections are a series of legislation at both federal and state levels to protect employees from employment termination due to reporting a potential violation of laws committed by the employer (Muhl 11). The legislation may interact, compete, and overlap at the federal and state levels, but their main objective is to protect employees from discrimination due to whistleblowing. They are also following the covenant of good faith and fair dealing exception. A termination of employment based on whistleblowing is not good because it is a form of retaliation.

Scenarios

The case of Brenda represents an example of wrongful termination as per the EAW. Brenda's decision to fire the worker was unlawful because it went against two of the EAW exceptions. For one, the right to unionize is covered under the public policy exception. The termination was against an explicit well-established public policy, which is the right to unionization. Also, the termination was done in bad faith. Brenda fired the worker to retaliate for the worker’s participation in a meeting to discuss unionization.

In Jason's case, his decision to pursue termination of Alice's employment is not wrong as per the EAW doctrine. For a start, Alice was not carrying out any public policy by putting the right-to-life fliers in the employee breakroom, which is private property. Also, Jason is acting in good faith concerning Alice's prayer time because it inconveniences the company's productivity. Therefore, Alice's actions cannot be covered under any of the exemptions provided in the EAW.

In Lorry's case, Brian's termination of her employment is wrong because jury duty is part of public policy. Lorry was fulfilling her constitutional obligation. Therefore, her action is protected under the public policy exemption even though Brian's move can be argued under fair dealing because it was tax season.

Peter’s condition can be covered under the Disability Act because of his rare form of liver disease. However, at the same time, his disability is affecting his performance. Peter's dismissal is not wrongful since Peter's condition is affecting the company's profitability. His boss's action is considered fair dealings and, therefore, not part of the third exemptions of EAW.

Undocumented Workers

Undocumented workers are any group of people who are in the country illegally. They either possess expired visas and other documentation or don't have any document that allows them to live and work within the United States' borders. The federal government's position is that undocumented workers' immigration status doesn't impede their employment rights. Federal law requires employers to ask the documentation from employees before hiring them. The documentation needs to show that they are allowed to work in the United States. My state's workers' compensation requires employers to provide medical benefits and wage replacement to employees who are injured in the line of duty in exchange for the compulsory abandonment of an employee's right to sue the employer for negligence.

There are conflicts between state workers' compensation laws and federal immigration laws. The former requires states to provide employment protections to undocumented workers. The federal immigration laws term such an arrangement as illegal because the worker is not allowed to work in the United States. However, I agree with the federal immigration laws because undocumented workers fail income taxes and lose government revenue.

Conclusion

The government needs to provide protection to employees and shield them from exploitation. The federal anti-discrimination laws, federal health and safety laws, and EAW doctrine were formulated to achieve that purpose. However, there are challenges in the compatibility between federal and state laws. These areas of conflict can provide an opportunity for employers to exploit to their advantage.

Works Cited

Cauchi, Richard. State Laws and Actions Challenging Certain Health Reforms. National Council of State Legislatures, 2018, https://www.ncsl.org/research/health/state-laws-and-actions-challenging-ppaca.aspx. Accessed 12 Sept. 2020.

Ewoh, Andrew IE, and Olayinka Tejuoso. "An Exploratory Analysis of At-Will Employment Policy in the State of Georgia." Annals of Management Science 2.1 (2013): 109-128.

Muhl, Charles J. "The employment-at-will doctrine: three major exceptions." Monthly Lab. Rev. 124 (2001): 3.

Rak, Sofija, and Coffin, Janis. “Affordable Care Act.” The Journal of medical practice management: MPM, vol. 28. 2013, pp 317-9.