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Employment At Will Doctrine Essay

1203 words - 5 pages

Scenario I

Jennifer, a recent graduate was hired to work at my accounting firm. Before Jennifer was hired, she was required to take an aptitude, knowledge and skill test. An aptitude test can measure an employee's ability to reason, think logically, visualize in three dimensions and understand the principles of machinery. An aptitude test helps the employer determine which employees will have the aptitude to learn the specifics of a job. A knowledge test can measure the level of skills the employee has for a particular position in a company. Skill testing is used to determine a candidate's mechanical or assembly abilities (eHow 1999). Jennifer scored high on all tests. Because Jennifer ...view middle of the document...

Scenario II
Over the past two decades many courts have modified the traditional “at will” employment rule when an employer’s handbook or policy manual contains languages that provides that discharging will occur for cause or only after certain conditions have been met (Meier v. Family Dollar Services, Inc., 2006). Under such circumstances the employee handbook does not change the fundamental nature of the “at will” doctrine but requires that the employer follow the handbook’s disciplinary and discharge procedures or face litigations for damages (Deutsch v. Chesapeake Center, 1998).
During the course of Jennifer’s employment, the accounting firm supplied her with a document entitled Disciplinary Action Guidelines and explained the guidelines to her. The accounting firm has an 8 points attendance policy. The attendance policy states if you are late for work you will receive .5 point and if you are absent, you will receive 1 point. The policy also states at 3 points you will receive documented coaching, 5 points, written warning, 7 points a final written warning and at 8 points you will be terminated. The company has an employee service center where employees can apply for Family Medical Leave of Absence (FMLA) where the employers provide qualifying employees with up to twelve weeks of family and medical leave for any twelve-month period. Employees who call out due to FMLA and LOA are not pointed. The firm also has a harassment policy. The Manager on duty should meet with the co-workers immediately and address the issue with them harassing Jennifer. He should coach them on the harassment policy and he should also address the issue that they are not authorized to discuss her attendance issues. The manager should hold coaching sessions and issue documentation to Jennifer as outlined in the attendance policy. The coaching session should be confidential and held in privacy.
Scenario III
Jennifer was issued an employee hand book in orientation. The handbook had guidelines for attendance and callout procedures. Jennifer has signed the disclaimer stating she has been issued the handbook and she is aware of the guidelines. Failure to show that the disclaimer was communicated to the employee may be fatal to its enforcement. An employer must bring its handbook disclaimer to the personal attention to its employees (Morriss v. Coleman Company Inc., 1987). Jennifer takes a day off without management approval. Because Jennifer failed to report to work without notifying management on a high volume day, she will receive double attendance points as outline in the employee’s handbook. Also, Jennifer...

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