Law Suit Recommendation Paper Assignment Example | Topics and Well Written Essays - 750 words

Law Suit Recommendation Paper - Assignment Example In fact, this organization will easily argue that it steered clear of wrongful dismissal by providing the physician with the 4-month notice. Likewise, termination without cause allows the employer to terminate employment contracts when the organization has ascertained that employee’s services have become redundant. This provision clearly acknowledges the applicability of economic re-organization; and it is indeed true that the concerned department is undergoing some restructuring. The problem with this court approach is that up to now, there are no deliberations on the remittances that are to be made as the physician’s emoluments. So far this termination may be rightly defended as a constructive dismissal, but this failure to pay the physician in advance amounts to wrongful dismissal. This organization may wrongly surmise that it is legally in charge; only to be undercut by the state-specific at-will employment laws. It is therefore expedient for the organization to determine whether or not it is in a state where at-will employment laws are in force, before agreeing for a court settlement. Conversely, this organization can consider arbitration. The pros that come with using arbitration are extraneous to the details of this case. For instance, by settling for arbitration, this organization will have relegated the rigors of arbitration to its arbiter, and thereby warding off distraction (Macklin, 2005). As is always the case, when suing for wrongful termination or discharge, the physician will not be in contact with the institution. Although this makes the case very unpredictable for the healthcare institution, yet arbitration wards off this danger. This is because arbiters (the company’s and the plaintiff’s lawyers) will have to work together to reach a solution. This is especially the case when evidence will be being adduced. Nevertheless, this organization must prepare itself for the pitfalls of