Employ At Will Essay

1809 words - 8 pages

Assignment 1
Employment-At-Will Doctrine

LEG 500
Professor Name
Name of University

Action 1:
According to the U.S. Equal Employment Opportunity Commission, employers are prohibited from inquiring about whether an employee has a disability or not (Disability Discrimination). Therefore, would review the employee’s personnel records to identify whether or not she openly disclosed having a disability. As Jennifer’s direct supervisor, it is imperative that due diligence is conducted to ensure that said employee does not have any form of disability that hinder her abilities to perform the job requirements. Additionally, it is important to ensure steps taken to ...view middle of the document...

Concurrent with developing a performance evaluation checklist, would analyze the company’s training package in order to validate whether current instruction teaches the required fundamentals for each position; emphasizing on the basic requirements. This will allow management to determine if poor performance of employees is a direct reflection of inadequate training or to determine whether employees fail to have the core competencies required to perform duties within the accounting department.
If training is found adequate, then said employee will be counseled on her assigned duties. During the counseling session the employee will be informed that the session is not a disciplinary action and is an attempt to ensure the employee understands what the expectations are. The employee will receive an in-depth explanation of what is considered unsatisfactory performance, what the employee is expected to know and be able to perform, as well as address timeline requirements for objectives to be met. The employee will be informed of her progress during monthly counseling sessions and failure to meet objectives in the timeframe given will result in disciplinary actions.
If inefficiencies continue to exist, the employee will receive disciplinary action that will be address via written and verbal communication. The employee will be made aware that the employer has the right to employ-at-will and based on said employees lack of performance the organization has just cause to terminate a “voluntary” agreement between the employee and employer. Lastly, the employees counseling’s and disciplinary paperwork will be forwarded to Human Resources for out processing and termination of said employment.
Action 2:

The scenario does not give details as to why the employee has been criticized. One would have to assume that the employee has been verbally reprimanded numerous times for being tardy and how tardiness violates the company’s late policy. Due to the term “Criticized” have broken this scenario into two parts: (1) investigate whether other employees have engaged in acts of misconduct toward said employee, and (2) confront said employees attendance and behavior. As a leader, it is imperative that each and every employee treats each other with respect and helps foster a healthy work environment. Each employee within the department would be interviewed to determine if mistreatment of subject employee occurred. If mistreatment occurred, all involved parties will be sent in front of a discipline review board, and potentially reprimanded. Additionally, the organization will review its internal standard operating procedures and employee code of conduct to ensure verbiage from Section 1981 of the U.S. Code is incorporated in order to remedy or assist with deterring harassment and intentional discrimination from occurring within the workplace (Employment Discrimination).
In regards to the employees attendance issue, would make the following statement: ...

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