The Case Of Joseph Casias Versus Wal Mart Corporation

1151 words - 5 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) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate reasons for dismissal of employment. This just proves that there are laws in place to protect employees from getting fired without reason for legality purposes. “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...

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