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Employment at Will

The Employee Handbook and Employment-At-Will

In most work places one of the first issues on the employee orientation agenda is the employee handbook. This handbook is a composite of rules and regulations that govern the workings of the facility as well as the facilities discipline policy. The Human Resource person goes over this handbook and instructs all new employees to sign and date a paper verifying that they have the handbook. There is usually so much emphasis placed on this handbook that you tend to believe that this handbook is the law, that whatever is written in it is the gospel. Well, I can tell you that you have just made your first mistake. The employee handbook is just a piece of paper unless you are a union or a contract employee. Law does not bind the words written in the handbook. The institution can choose to follow or not follow the handbook. Most institutions abide by their handbook whether they are in an employee-at-will state or a just cause state, but if they choose not to abide there is nothing to be done.

Throughout the United States, there are states that are employee-at-will states and states that are just cause states. In simplified terms this means if your state is an employee at will s


In conclusion, in my opinion whenever you apply for a job, if it is not a union or a contract position then it is an employee-at-will position. If it is an employee-at-will position, find out if the state is an employee-at-will state or a just cause state. If you live in an employee-at-will state, be aware! You have no job security! Your financial status, health care, and retirement are at the mercy of the institution's management.

I am relating this information based on my family's own personal experience. My mother was involved in a situation of this type in 1995. Mother is a Registered Nurse and has been licensed since 1975. Her nursing career consists of being a staff nurse to being of Director of Nursing with numerous management positions in-between the two. During her management positions and especially as a Director of Nursing she had to make sure she followed the employee handbook to the letter regarding discipline, overtime, etc.

Mother was terminated from her job in 1995 and the employee handbook procedure was not followed. She had received an above average evaluation and a pay increase three weeks before termination. Also prior to termination, she did not receive any verbal or a written warning or reprimand. In fact, she had scheduled an appointment with the administrator of the hospital to discuss an issue regarding the surgery department. She we

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Approximate Word count = 933
Approximate Pages = 4 (250 words per page double spaced)


  

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