Should the medical industry abide by an at will doctrine Law homework help
minimum of 150 words apa format
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.
some classmates posts
1. The hospital has indicated that they will be terminating Mr. Con Fused for failing to follow instructions. However, based on the at-will doctrine no reason was given for his termination. The hospital takes the service provided by their employees very seriously and it is their job to make sure all patients and fellow staff members are receiving the best care. The hospital felt it was in their best interest to terminate Mr. Con Fused.
The relationship between the hospital and Mr. Con Fused was governed by the common law doctrine of employment at will. Either party could terminate the employment relationship at any time and for any reason, unless doing so violated an employee’s statutory or contractual rights. This was clearly an issue with this situation. Also, it is important to note that terminating this employee did violate any federal or state statute such as any sort of discrimination.
Base on this policy, the hospital reserves the right to not disclose specific termination reasons other than the decision was based on the best interest of the hospital, patients and supporting staff.
2. The Hospital adheres to the At-will employment policy which follows state and federal guidelines. Mr. Fused has had quarterly reviews and in each of the last three reviews he has been critiqued on hospital process and procedures that were not meeting hospital standards. These process and procedures are meant to offer safe and clean environments for patients and staff. Mr. Fused willful disregard for following instructions, despite repeated review, were grounds to terminate his employment.
Mr. Fuse can be released under At-will employment doctrine which allows either party to terminate the employment relationship for any reason or no reason at all (Cross, F. B. and Miller, R. L. 2015 pp. 438). While there are several exceptions such as implied contracts or discrimination these do not apply in Mr. Fuses scenario. There may not be an actual incident at the time of Mr. Fuses termination but at-will employment doctrine allows business to broadly use general performance to make employment decisions, including immediate termination.
3. At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences. At-will also means that an employer can change the terms of the employment relationship with no notice and no consequences (ncsl.org.2017).
As an employee who worked for the human resource department at the regional hospital. I believe that the at–will policy is a good policy for both the hospital, as well as the employees. Just for the simple fact that working in a hospital facility is a very serious and important job. With that being said every employee would need to be one hundred percent focus and follow the rules and regulations at all times, especially when we have patients lives in our hands.
Moreover, although the at-will policy may seems harsh and unfair in Mr. Con Fused favor. I must say that I support the at-will policy and my reasoning for saying so because this policy offers the right to establish a safe, organize, clean, great performance skills, and functional environment for all staff members and patients. So, therefore I think that the at-will employment is preferred in the hospital or medical field, due management being able to run a strict operation.
In addition, they can not afford to have any mistakes being made that can cost them to lose their jobs, be sued or loose patient under their care. In this incident that Mr.Con Fused was terminated because of his inability to follow instruction would be considered to be the appropriate action under the at-law policy and not a violation. In many working we make mistakes and we have to pay for our actions, so who knows how many times that Mr. Con Fused was spoken to or written up his inability for not following instructions before he got terminated.
4. At will employment means that the Company does not offer tenure or guaranteed employment for any period of time to any employee without an employment contract or written direction from the CEO/President. In at will employment, either the company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice (C.L, 2017).
In the case of Mr. Fused, there were justifiable grounds to terminate the employee. Mr. Fused was given the opportunity to correct his unacceptable behavior and still continued to not follow instructions given to him by his superior.
Mr. Fused was terminated due to inability to follow instructions. According to the policies employers can generally release at-will employees who aren’t working out, without giving advance notice in which this case we told Mr. Fused why he is being terminated.
5. Some of the main criteria stated for the designation of Mr. Con Fused, was that the candidate for the job has to pay close attention to detail and follow directions, aside from the qualifications skills.
Considering knowledge signify the ownership of information, intelligence is driven by how that information is managed mentally, that it will be accomplished responsibly. Both apprehension and performance must function in accord with each other.
As teamwork is the motto in every management. The procedure is further combined when more people should act in-sync toward a common intent. It is also crucial that each unit affiliate’s knowledge of that common intent is similar, as a skillful affiliate will be educating unskillful affiliate. Valuable time, services, and worst of all life might be endangered because a member of our health unit cannot follow instructions.
With this recent incident under Mr. Fused care, the management of Regional Hospital cannot tolerate any more mishaps from Mr. Fused for his inability to follow instructions. The management has been lenient enough after five years in Mr. Fused impairment, hoping that we can see some improvement, but Mr. Fused failed to follow through, and for this very reason that the Management of Regional Hospital has to let him go, as the health and well-being of our patients in Regional Hospital is the supreme priority.
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