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Employment At Will Essay

1512 words - 7 pages

Employment-At-Will Doctrine

Nichelle Suggs

Dr. Kenneth Pino

Law, Ethics, &Corp. Governance

July 16, 2012

1. 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.

“Employment at will means that an employee can be terminated at any time without any reason. It also means that an employee can quit without reason. Employers are not required to ...view middle of the document...

The second exception is an implied contract, which is a verbal agreement between the two parties. Furthermore employers also put this on employee handbooks. 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. 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 a different company.

2. 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”.

Jennifer is violating the company’s late policy which she agreed upon at the time of her employment 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). 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 it should state that she has being coming in late multiple times and if any further tardiness occurs, the firm will let her go. After a warning, if she still seems to be coming in late than the firm 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 firm should not be liable for her lateness. Especially since she is a new hire, she has to be prompt and on time.
3. 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 talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to “protect ourselves”.

Jennifer cannot take holidays off without management approval. Upon hire, the employer states that unless otherwise told, the employee has to show...

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