Employment at Will Doctrine

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  • Topic: Employment, At-will employment, Law
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  • Published : October 29, 2012
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l 1st Draft Assignment 1

Employment At Will Doctrine
LEG 500 – Law, Ethics, and Corporate Governance

Fancy Petagaye
Strayer University – Doral Campus

Luis A. Zapata
July 21st 2012

ASSIGNMENT 1: EMPLOYMENT-At Will Doctrine
As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: 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. According the Labor Contract Law (LCL), the employer has the obligation to notify employee about location of employment, responsibilities of position, occupational hazards, etc. and the Employee has the obligation of to tell the true description of qualifications related to performance of contract. Additionally the Office of Personnel Management (OPM) in their best practices document says that it is necessary to have written and formal procedures that allows to taking disciplinary action for employee conduct inconsistent with “Antidiscrimination Laws” and “Whistleblower Protection Laws” as those terms are defined in 5 Code of Federal Regulations 724.102. First I would have applied immediately the Discipline Process Policy of the company to lie in your capabilities. Following these policies and procedures as soon as I noticed that...
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