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Oracle Tips by Burleson |
At-Will
Employment
All states except Montana and the District of
Columbia recognize at-will employment,
with this employment relationship commonly occurring among computer
professionals.
The at-will doctrinewas
first formulated by Horace Gay Woodin 1877
when he compiled a paper on relations between masters and servants.
Wood’s doctrine led to further citations of authority that the
employee was required to prove an explicit contract for a definite
period of time related to termination of employment
Employees must be treated fairly and without
discrimination
in all aspects of employment;
including termination. New York State, like all other states, provides
these protections in many areas including for instance:
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Whistleblowers.
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Participation on the employee’s own time in
lawful political or recreational activities.
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Race, religion, gender, place of national
origin, age, marital status, or disability.
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Filing for workers’ compensation or disability
benefits.
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Serving on a jury.
A brief example of New York State law that
addresses the implications of drug addiction and alcoholism on
employment termination now follows:
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An employee who is currently using illegal drugs
is not protected by the New York State Human Rights law. However,
there are protections for an employee who is a recovered or
recovering alcoholic or drug addict.
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Flexible work-hours must be allowed for ongoing
treatment if the employee is still able to perform the essential
functions of the job.
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The employee is not entitled to accommodation
and may be terminated if the employer is aware of current illegal
use of drugs.
The employer’s attorneys should be fully
knowledgeable of all applicable State and Federal employment laws to
effectively and legally facilitate the employee discharge process.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
