A Matter of Principle Nancy Smith Case

A Matter of Principle Nancy Smith Case

A MATTER OF PRINCIPLE: NANCY SMITH CASE 3

AMatter of Principle: Nancy Smith Case

AMatter of Principle: Nancy Smith Case

Fromthe case and circumstances, Nancy Smith was not forced to leave herjob. Instead, she resigned after receiving an unfair treatment fromthe management which was validly unfair to her. She was demoted byher employer for making a right decision that the company thought tothe contrary.

However,the management of the pharmaceutical has the right to terminate theemployment of Nancy Smith if she refuses to participate or cooperatein the clinical testing. This is because the contract that Nancysigned with the organization is not a fixed contract. Her job statusin the company is “At-will” employee. In human resource practice,the absence of a specific employment contract between an employee andthe employer means that the latter can hire, promote, demote or firethe employee at will (Arnold, Tom &amp Bowie 2013).

Underthe circumstances of her resignation, Nancy cannot sue her employerfor reinstatement to her position in the organization. This isbecause she does not have the right to sue her employer to get backher position of Directorof Medical Research Therapeutics.Therefore, it is highly advisable that she should not sue theemployer for reinstatement.

Ifshe sued her employer in a court of law, she would have challenge ofproving that she had a formal employment contract with theorganization. If I was the judge in a court case where she is suingher employer, I would rule in the favor of her employer. This wouldbe a hard decision for me as a judge, but the law has to be followed.I would rule in the favor of the employer because Nancy does not havea written formal employment contract that gives her the right forreinstatement in case of unfair treatment, like she experienced.

Reference

Arnold,D.G., Tom, L., &amp Bowie, N.E. (2013). EthicalTheory and Business, Ninth Edition.SanFrancisco:Peachpit Press