Employment at Will Doctrine

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10/26/12

Strayer University

Law, Ethics & Corp. Governance

Professor Frank Hatstat

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.

This can be a difficult situation for an employer to make because many employers try to see the positive and have faith in all their employees. If this situation took place within my company, I would continue to observe the employees attitude as well as dedication. Many times, employees are not capable of performing certain tasks, however, with a humble mindset, it is possible to work with them and guide them while working. This specific employee seems to have a self-assured mindset that she is not doing anything wrong. Instead of opening up and allowing her boss to assist her, she becomes arrogant. I would go a different route and have a professional come and train her from another company to see if that would help. If this specific assistance does not help, I will have to write the employee up to warn her that she must submit to the work load within a certain time frame.

I do not believe this is being harsh to the employee. If she is hired to do a specific task and cannot get the task accomplished, then she is incapable of doing the work. I will be able to provide a written statement and have her terminated. Employers cannot waste time on employees who talk about their capabilities, yet not perform them. According to “Law and Ethics in the Business Environment” Chapter 2, she is able to voice her opinion publically in court, however, she must have written proof to back her up whys he should not be terminated.

2. Describe what steps you would take to address the following scenario involving management, behavior, and performance: 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”.

I would provide counsel and verbal warning to the employee. It is important to get all of the facts and bring that person into your office without making a big scene. Being honest and upfront about the tardiness and improper behavior will get much respect from the employee and show firm leadership. I will discuss what has been taken place and how important it is to have the whole department working on one accord. I will also discuss that their tardiness is not fair to the other employees. I would take the time to ask if there is anything wrong, or if there is something happening in the workplace or personal life that is causing what is perceived as “a person with a bad attitude who is unhappy at work. I believe listening and showing empathy will let the employee know you care about their well-being but yet, still mean business. There may be some personal issues that they just need to get off of their chest. If I get a sarcastic response from them, then I must be strong, but not attacking, and let them know that the behavior shown is not acceptable and needs to improve. I would be sure that I am focusing on the problem, not the person. In situations like these, staying calm...
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