The Case of Joseph Casias versus Wal-Mart Corporation Essay

925 Words 4 Pages
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) …show more content…
“At Will” employment does not mean that there would not be any legal recourse if an employer terminates for no apparent reason.
As to the obligation of discipline, most employees and some employers are not knowledgeable about provisions that protect an employee from being discharged illegally without justifiable cause. Again, the case of Mr. Casias versus Wal-Mart is a good example of wrongful discharge. The employer somehow learned that this employee was indulging in illegal drug activity. The allegations were proven to be true by a drug test (positive urinalysis test). The employer terminated Mr. Casias immediately. One of the provisions in mostly ever handbook is virtually the same, organizations do not tolerate drug use. However, considering that Mr. Casias worked at Wal-Mart for five years without any issues management did not ask for an explanation, nor were any of the facts considered based on this employee’s impeccable work history. According to ACLU (2012), Mr. Casias’ job performance earned him recognition as associate of the year in 2008. Regardless of Mr. Casias’ outstanding work performance, the company did not give him a second chance when judgment was passed on him by the organization for what the handbook would consider misconduct. Instead, Wal-Mart believed the company had a right to fire this employee under the “At Will Employment” provisions in Michigan’s statute. In this case, Mr. Casias

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