What I Learned Wednesday - Be Careful What You Say
Join the fun, post what you learned this week, and link up below. The code for the image is located in my sidebar. All I ask is you link back to this post. Oh, and make sure you link to your post and not your blog in general, okay?I am getting down to the nitty gritty, the down and dirty, the crux of the matter. Yes, I am finishing up my final classes towards my degree. Everything I have learned over the years, in class, in the workplace is being reinforced and reiterated in these final courses.
This past week we discussed a case where a potential employer approached a prospective employee about employment within their organization. Boy, could I have used more forms of the word 'employ' in one sentence? That was a rhetorical question.
In this case the company assured the prospective employee they would have continued employment as long as they maintained position performance reviews. This person accepted the position. She received two highly praised positive performance reviews, then six months later was terminated without explanation. The question was posed as to whether this employee was entitled to any restitution.
Given the majority of employment is at-will, meaning, may be terminated by either party at any time for any reason as long as it is within the law, the employee would have to prove breach of implied contract. Those words spoken by the representative during the recruitment phase may very well come back to haunt the employer as this is a valid argument for wrongful termination.
Amazing! I really did not know this. Most employers will tell prospective employees that employment would be contingent upon performance, so I really did not believe this meant a whole lot. Although, this does explain why my former employer had me sign an acceptance letter stating my employment was at-will, as well as, having all employees sign paperwork showing they understand employment is at-will. We must cover out butts, people.
What have you learned this week? Grab the button from my sidebar, then add a link to your post below using MckLinky. Not sure how to link up? Leave a comment or send me an email (or both) and I will happily walk you through it.
