.

Wednesday, March 13, 2019

Employee Rights and Property Searches Essay

Mopak Corporation performed a anticipate for drugs and guns on the employees and quash workers vehicles with the assistance of a private security confederacy and drug detection dogs. In the try, guns were represent, but not drugs, in several(prenominal) vehicles. At the completion of the search, five employees along with ten consume workers whose vehicles where the weapons were found were complete, due to the corporations belief that the employees go against the company polity. The terminated workers immediately sued Mopak for wrongful termination.Though mostly in the United States employees argon at- exit employees, the arguments for wrongful termination the employees from Mopak bear make in their suit is that Mopak performed an inconclusive search of their vehicles, violating their expectation of privacy. The search was made without a warrant and violated their Fourth Amendment Rights. (Lawyer. com, 2013) The contract workers ar bound by contracts that may micturate an at- pass on clause in it, in which case they, like the regular employees, can be terminated at-will.Even though when there is a contract, pen or oral, its based on a promise of mull over security, but with an at-will clause, contract workers may either leave a contract undertaking or be terminated from a contract job at-will. Employers often, and legitimately, ask employees to sign contracts or agreements that document and enforce the terms of at will employment, usually in company insurance policy manuals. (Lawyersandsettlements. com, 2013, para. )The arguments that Mopak Corporation will make in response to the wrongful termination suit are that in the employees policy manual, handbooks or contracts reflect that the employee and/or contract workers essential agree to random vehicle searches, random drug testing, and an at will clause for employment that when signed by the employees and/or contract workers, it becomes binding, implied, or implied-in-fact contracts. In the 198 8 decision of landmark case Foley vs. Interactive Data Corp. it brought to lite that employees enter into implied-in-fact contracts with the acceptance of great merit reviews, promotions, raises, and with verbal assurances of job security. I believe the Mopak Corporation would win. I do not believe that a corporation with so much to lose would perform an illegal search of employees vehicles. They must have in the companys policy manual that such an act would be permissible once the employees and contract workers sign that they have read and agreed to the terms and condition of the policy and/or contracts.

No comments:

Post a Comment