Course Name: Legal and Ethical Environment of Business This week we will be disc
ID: 432495 • Letter: C
Question
Course Name: Legal and Ethical Environment of Business
This week we will be discussing the "at-will" doctrine as it applies to the medical field. You should read Chapter 20 before proceeding with this assignment.
Scenario
Mr. Con Fused has been an employee at Regional Hospital for the past five years. His employment there was recently terminated. The reason for the termination was: Inability to follow instructions. However, Regional has adopted an "at-will" policy. So in reality, no reason has to be given for the termination. Never the less, Mr. Fused was very upset at his termination....so upset, that he went to the media with his story.
Scenario for Post 1
You work for the human resources department at Regional. The hospital attorney is preparing for a news conference regarding the termination of Mr. Fused. In an effort to help the attorney, you draft justifications for an "at-will" termination of a hospital employee. What are your reasons for supporting this policy? Your job is to convince the public that this is a necessary and useful policy.
Scenario for Post 2
Now you work for a public advocacy group that has decided to help Mr. Fused. You hold a news conference in response to the hospital's news conference. What flaws do you find in the hospital's position? Why is "at-will" wrong for the medical industry? Be sure to read through posts of your fellow students, then select the "hospital" post that interests you the most.
Scenario for Post 3
Now you choose. Read the posts submitted by the class. Which side seems more logical to you? Should the medical industry abide by an "at-will" doctrine? Why / why not? Be sure to cite to a fellow student's post.
Explanation / Answer
Scenario
(1) You work for the human resources department at Regional. The hospital attorney is preparing for a news conference regarding the termination of Mr. Fused. In an effort to help the attorney, you draft justifications for an “at will” termination of a hospital employee. What are your reasons for supporting this policy? Your job is to convince the public that this is a necessary and useful policy.
“Unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will.”
The “at will” strategy is a great plan for both the hospital, as well as mutually for the hospital’s workforce. Generally, under normal circumstances, an “at will” policy allows the employer the liberty to determine which workers are more beneficial in enabling the realization of the hospital's long-term operational goals, while also allowing for easier dismissal of those personalities that are judged to be unsuitable in accomplishing those objectives, no matter the reason
This “at will” system of employment, permits the employer’s progression toward their goals to happen, without the undue economic losses when a new employee is found the just “not fit the company’s” standards and fight job termination by legally recognized means or otherwise.
Even though employees may fight against their termination, the “at will” employment status makes the process much more speedy and generally in favour of the employer. In addition, the “at will” policy, allows freedom for the employee to vacate their position at their will, also. This departure is without many of the aggravations that can result from normal contractual requirements found in other forms of employment. In essence, the “at will” policy is beneficial to both employees and hospital administrators
(2) Now you work for a public advocacy group that has decided to help Mr. Fused. You hold a news conference in response to the hospital's news conference. What flaws do you find in the hospital's position? Why is "at-will" wrong for the medical industry? Be sure to read through posts of your fellow students, then select the "hospital" post that interests you the most.
Alfredo Presa, your hospital's position that an “at will” employment concept is feasible and beneficial is somewhat technically and factually flawed. “At will” working environments create an atmosphere where workforces are continuously stressed on the job by the uncertainty of their work security. Often this stress grows to the point of becoming detrimental to the performance of their duties.
In addition, “at will” employment also generates a very real situation where there is a huge reduction in the level of loyalty connecting the hospital and its staff. This reduces the cohesiveness linking administration to the workers, which in turn cause long-term retention problems and a constant loss of very important corporate knowledge. This ultimately diminishes the positivity of the work environment, worker motivation to give one-hundred per cent in achieving organizational objectives and most importantly, potentially putting the safety and welfare of hospital patients at risk.
These twists are found in many service industries attempting to use an "at will" philosophy. The facts show that a hospital organization, based on an “at will” employment model, is wrong for the medical industry due to even the remotest possibility that a life could be held in the balance. You just cannot afford to take the chance and are requested to ceases this plan of operation immediately, before the unthinkable happens.
Scenario
(3) Which side is more logical to you, Should the medical industry abide by an "at-will" doctrine? Why / why not? Be sure to cite a fellow student's post.
I have faith in the “at will” policy and feel it is more logical in most employment applications, including the medical industry. Hospitals can ill afford to continue the employment of a non-productive, unsafe or psychologically unstable worker around its patients, while they go through the red tape of lawsuits, counter-suits and lengthy litigation required to remove an undesirable worker under the “just cause” doctrine. Replacing undesirable healthcare professionals should easily balance out the cohesiveness, loyalty, and any other cause for concern with long-term retention problems, as workers see that the hospital is dedicated to the best possible healthcare service it can provide.
In a previous post above, (1/31/2013 11:43:04 PM ) Lisa Roseman’s final exiting statement reads; “There must be proof to show that his termination was justified.” Being able to exchange sub-par workers with higher quality staff members will help guarantee that such facilities operate at their optimal capabilities for productivity, proficiency and safety. Under a purely “At Will” workplace, no legal justification is required. Management has the right to “judge” whether a worker is a well-rounded fit for their organization or not, without repercussions or lawsuits. Remember this final point also; the worker has the same right to terminate the employment if for any reason they do not feel the position is right for them either, as well.
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