The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.
“The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause” (Muhl, 2012). Jennifer does not meet the requirements and skills she requires ...view middle of the document...
In it, the employee agrees to perform her tasks and if unable, he/she would be fired. Basically, giving the employer a chance to improve if they are not initially as capable. However, like previously stated, Virginia does not allow this exception, thus given her no room for filing a complaint. She was given a great chance for improvement, which was a big levy by the employer, but she did not capitalize. Therefore, there are not legal ramifications for firing her as soon as possible. As a supervisor, I would talk to her about her performance and convey that she does not meet the company’s expectations. Therefore, she is no longer an asset and she would serve better at t different company.
The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee’s response is that she “knows her rights and what to do” if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”.
She obviously does not know the employment-at-will doctrine for Virginia. She is violating the company’s late policy which she agreed upon at the time of her employment. Public policy is the only exception in Virginia which does not apply to her. She is breaking the company’s policy and the firm has every right to fire her. Public policy helps an employee if she is unfairly treated, not if she is the one in fault. “Treat all employees and applicants equally regardless of their race, religion, gender or any other characteristics not related to job performance” (Hall, 2012). For a legal precaution, I would make her sign a contract in which she states that her behavior will change and if not she will be terminated. Employees do get a chance to improve their behavior and once you have it in legal form, she will not be able to do much on her part. In the contract should state that she has being coming in late multiple times and if any further tardiness occurs, the company will let her go. After a warning, if she still seems to be coming in late than you can fire her. The public policy doesn’t help an employee if they are late to work. She is not being discriminated against in anyway and the company should not be liable for her lateness. Especially since she is a new hire, she has to be prompt and on time.
The employee takes a day off from work, without management consent, for her religious
holiday observance that falls on a day that is during “tax season”. The day off occurred
during an incredibly busy period for the company during which the employer had notified
all employees they were not allowed to take off without prior management approval. Also,
there is no labor union for accountants. However, she begins...