the areas under discussion, i.e. absenteeism and job performance, and an analysis of the implementation of procedures of Carlson Inc. to comply with the applicable employment laws. In addition, recommendations are provided as to how the employer can improve in compliance with the law, in the best interests of the employer and the employees.
American common law holds that the employment relationship is terminable at will (Wheeler & Rojot, 1992, pp. 334-337). That is, in the absence of an express agreement to the contrary, either the employer or the employee can end the relationship at any time, without notice or compensation. This means that the employer can define the obligations of employment and punish perceived breaches of these obligations, so long as this violates no specific legal stricture.
To the extent that employment-at-will remains the law, no general American law defines the obligations of employment or limits discipline and termination. However, legislatures and courts have created special exceptions to this rule. In addition, some employees have express contracts of employment that will be enforced by the courts according to their terms under the still extant law of master and servant.
The major federal laws and administrative law orders that have an impact on firing follow (Preston, 1982, pp. 186-187; Bequai, 1990, pp. 31-39):
The Equal Pay Act of 1963(22) requires all employers subject to the Fair Labor Standards Act (FLSA) to provide equal pay for men and women performing similar work. In 1972, coverage of this act was extended beyond employees covered by FLSA to an estimated 15 million additional executive, administrative, and professional employees (including academic, administrative personnel, and teachers in elementary and secondary schools) and to outside salespeople (through Title IX of the Education Amendments Act of 1972).
Title VII of the Civil Rights Act of 1964 (as amended by the E...