Employment at Will

Better Essays
Topics: Employment
Employment-at-Will

Eric Tompkins

Prof. James Vricos

LEG500 - Law, Ethics, and Corp. Governance

24 January 2013

Strayer University

As a manager and supervisor of an accounting division, examine the following issues in

relation to the employment-at-will doctrine and responsibility of an employer based on actions

and responses to the employee’s conduct 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:

In the first scenario, the employee consistently demonstrates the lack of ability to learn

the computer applications which are fundamental to her job responsibilities. However, she insists

that she is “a good worker and a genius” and argues that her boss does not “appreciate her”.

It may also be reasonable to assume, and perhaps more equitable, that Jennifer is not learning

the needed fundamentals within an established time frame. Despite months of training and

support, she remains unable to use the computer applications to be productive and efficiently

complete the required tasks. According to the employment-at-will doctrine, the company for

which Jennifer works, has the option to legally terminate her employment ("The at-will

presumption," 2012). The company can also legally release her even if they stated that she was

not performing their job successfully. At-will also means that an employer can change the terms

of the employment relationship with no notice and no concerns. To illustrate, an employer can

modify wages, terminate benefits, or reduce paid time off. In its pure form, the U.S. at-will rule

leaves employees defenseless to random and sudden dismissal, a limited or on-call work

schedule depending on



References: Employee rights. (2012). Retrieved from http://www.nlrb.gov/rights-we-protect/employee-rights Employer: At will employment faqs. (2012). Retrieved from http://labor-employment-law.lawyers.com/human-resources-law/Employer-At-Will- Employment-FAQ.html Morreaux. (2012). The roles of unions or hr in the workplace. Retrieved from http://smallbusiness.chron.com/roles-unions-hr-workplace-19066.html The at-will presumption and exceptions to the rule. (2012). Retrieved from http://www.ncsl.org/issues-research/labor/at-will-employment-overview.aspx

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