Dismissal and discharge of an employee both have similar outcomes. The difference between the two is that dismissal is an employer's termination of an employee's services as a disciplinary measure against an offender. The misconduct can include not observing the dress code, abusing substances at the workplace and being disrespectful. Unless the sacked employee moves to court and the ruling favors them, dismissal is permanent. Discharge is the termination of an employee's service under a mutual agreement. Although they are both forms of punishment, dismissal is made against an employee's wish (Mayhew, 2018). During discharge, the employee is given notice before, and the unpaid wages are paid, whereas dismissal is merely a punishment given to the employee. Discharge can be as a result of underperformances and failing to observe workplace policies.
Employment-at-will Doctrine Exceptions
Under the employment-at-will doctrine, an employer terminates an employee’s services without providing reasons. It implies that under this doctrine, a healthcare employee can be dismissed with or without reason (Mayhew, 2018). For instance, an employer can decide to suspend benefits and alter salaries. Employees are more vulnerable to overexploitation, arbitrary and sudden sacking. Here, healthcare workers face considerable challenges balancing between obeying their employer’s commands and following their judgments. An employee could be dismissed for declining to take orders from employers even if it was ethically acceptable to decline the command. For instance, a nurse can be sacked for declining to take an assignment that is beyond her capability. Therefore, the public-policy exception implies that an employer cannot terminate an employee from their duties for refusing to take an assignment that is beyond their skills.
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Another example is when a health worker is asked to cover up for the violations of the Occupational Safety and Health Administration (NCSL, 2019). The second exception is the breach of the implied covenant of good faith and fair dealings. It suggests that an employer cannot terminate an employee who has worked and given his best for the long term without any cause (NCSL, 2019). Such employees are supposed to be allowed to work for the company till retirement if there is no serious cause for termination.
References
Mayhew, (2018). Definition of a Separated Employee and a Terminated Employee. Biz Fluent. Retrieved from https://bizfluent.com/13306402/definition-of-a-separated-employee-and-a-terminated-employee
NCSL. (2019). At-Will Employment – Overview. National Conference of State Legislatures . Retrieved from http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
