Law, Ethics & Corp Governance
Professor Lori Baggot
The employment-at-will doctrine states that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause. The employment-at-will doctrine also states that an employee is hired based on his/her will and may choose to leave at any time after post-employment. The same applies to the employers in the sense that they can fire her for good cause, bad cause or no cause. The employer does not hold any legal liability as long as no contract was signed upon employment. There is an exception that states that an employer may not terminate the employee if public policy supports the employee. In this case where this employee is not protected under public policy and since she cannot perform her duties, she should be fired. The second exception to the will is an implied contract, which is a verbal agreement between the two parties.
Describe what THE LAW IS AND REQUIRES AND THE LEGAL steps you would take to address the following scenario involving skills, competence, and abilities: The first step that needs to take place in order for her to be productive is to counsel her on the work assignments she has and advise her that her performance is inadequate. I would explain to her the reasons why her work is inadequate. Specifically state what she is doing and what is unacceptable about the work she is providing. Also let her know what is expected of her in the future after having this discussion. Last but not least provide a clear warning that a failure to correct performance deficiencies will result into termination. After I have explored informal ways to address her performance issues, and have documented my counseling sessions with her, I will provide her with a more formal method which would be an opportunity to improve. If...
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