Leg 500 Employment at Will Doc

Topics: Employment, At-will employment, Termination of employment Pages: 5 (1727 words) Published: May 17, 2013
During the nineteenth century a legal rule was developed giving employer’s unfettered power to “dismiss their employees at will for good cause, for no cause or for cause morally wrong, without being thereby guilty of a legal wrong.” (Halbert, 2012, p. 49). This legal rule is commonly known as Employment-At-Will and ultimately the employer has the rights to sever the employer-employee relationship at any given time for any given reason and whether or not the employee thinks wrongful separation. It is a topic that is debated for many years and in today’s current economy and unemployment rate steadily increasing “Employment-at-will” is a doctrine that is being used more frequently as employers experience their present day lows. Employers however have to keep in mind the other that in 1960, federal civil rights laws created remedies against employers who fire workers because of their race, national origin, color, religion, sex, age, or disability (Halbert, 2012, p. 49). Later, in 1970s and 1980s, federal and state statutes include protection from retaliation for employees who report violations of environmental or workplace safety laws and those individuals are commonly known as “whistleblowers”. In essence, whistle blowers are typically long term, highly loyal employees who feel strongly that their company should do the right thing, because in the wave of scandal with major firms such as Enron and World.Com; Congress enacted corporate fraud reform legislation which provides provisions to protect those who report financial misconduct in publicly traded companies. This law is known as Sarbanes-Oxey, or SOX (Halbert, 2012, p. 50). In this assignment the scenario begins 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. 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. Employers must first determine was this employee given adequate training, support and feedback while employed. However, feedback can include a performance management plan (PMP) where it measures an employee’s strengths, weaknesses, to the goals and expectations of the company and expectations of the position. If the action plan of re-training, possibly one on one coaching/mentoring are options for this employee and the employee is still not able to grasp the scope of her job duties; it may be a situation where in this scenario the employer can practice employment at will especially after exhausting all methods to help this employee gain as much knowledge that was assumed she was bringing to the company, the employer now may relinquish the employer-employee relationship for good, bad or for no cause at all. Further, the employer does not hold any legal liability as long as no contract was signed upon employment, however if an employee is unable to perform her job duties, the employer does not have much choice than to end employment. Describe what steps you would take to address the following scenario involving management, behavior, and performance: •In this scenario, an 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...
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