Employment at Will Doc Essay

During the nineteenth hundred a legal rule was developed giving employers unshackled power to dismiss their employees at will for good bring in, for no pillowcase or for cause mor entirelyy wrong, withtaboo being thereby guilty of a legal wrong. (Halbert, 2012, p. 49). This legal rule is commonly kn proclaim as Employment-At-Will and in the long run the employer has the rights to sever the employer-employee kindred at some(prenominal) given time for all given reason and whether or non the employee thinks wrongful separation.It is a event that is debated for numerous years and in todays current thriftiness and unemployment rate steadily increasing Employment-at-will is a article of belief that is being employ more frequently as employers experience their present day lows. Employers barely 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 , sequence, or disability (Halbert, 2012, p. 9). Later, in mid-seventies and 1980s, federal and state statutes include protection from retaliation for employees who report violations of purlieual or workplace safety laws and those individuals are commonly known as whistleblowers. In essence, whistle blowers are typically long term, highly truehearted employees who feel strongly that their bon ton should do the right thing, because in the shiver of s washbowldal with major firms such as Enron and World.Com Congress enacted corporate finesse reform legislation which provides provisions to protect those who report financial botch 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 supervisory program of an craft relationship department, reason the following issues re newd to the employment-at-will doctrine and liability of an employer based on actions and responses to the emp loyees 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 disparate behaviors that need your attention. Describe what stairs you would pay collide with to address the following scenario involving skills, competence, and abilities The employee seems to be uncapable to learn the computer applications that are basic to her job responsibilities, but, systematically tells her stump that she is a good worker and a genius and that he does not appreciate her.Even after a few months of didactics and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Employers essential first determine was this employee given suitable training, support and feedback while employed. However, feedback trick include a performance counsel plan (PMP) where it measures an employees strengths, weaknesses, to the goals and expectations of the company and expectations of the position.If the action plan of re-training, maybe whizz on one coaching/mentoring are options for this employee and the employee is simmer down not able to grasp the scope of her job duties it may be a spotlight where in this scenario the employer can practice employment at will oddly after exhausting all methods to help this employee gain as oft 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 detention 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 cultus when criticized and is freque ntly 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 form _or_ system of government, the employees response is that she knows her rights and what to do if she is wrong to the fully discharged. She also says she took a business law class in undergrad that taught her everything she needs to know most exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy.Clearly, if this employee has a tendency to have outbursts of rage when criticized this should always have a second party as a witness, along with proper financial backing of all verbal reprimands, written warnings reprimands regarding the companys late policy. We all know that when an employee is considering termination, you need to follow a defined process for opera hat results (Kermit, 2012).There may be a valid reason for her tardiness, however, if the verbalize employee stated she took business law classes in her undergraduate studies she should know full well employment at will outweighs wrongful termination if she was continuously late, violating company policy and warned her job could be in jeopardy, the employer can still choose to terminate employment. peradventure instead of the employee having outbursts, have her to explain the circumstantial reasons for being late and these emotional outbursts because workplace hostility is not tolerated. Maybe the employer can offer her the Employee Assistance Program (EAP), which is a support serve program to help balance work and life, maybe she has child conduct issues or lives in a household with only one vehicle, possibly advising her to seek employment within the company with a more pliant schedule.At any rate, this employee has been warned, given support and the problem still remains, the employer must then choose to use Employment At Will doctrine to conk out the employee from employment but just as an employer can separate the employee from employment, so can an employee separate themselves from the employer as well as the comment remains the same employment at will. Describe what steps you would take to address the following scenario involving labor and laws The employee takes a day off from work, without management consent, for her religious holiday ceremony that falls on a day that is during tax duration.The day off occurred during an incredibly invade period for the company during which the employer had notified all employees they were not allowed to take off without earlier management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during tiffin breaks and sometimes during regular work hours, encouraging them to organize and form a union to protect ourselves. Based upon the federal civil rights laws enacted in the 1960s, there are legal liabilities for dismissal of an employee based on race, national origin, color, religion, se x, age or disability (Halbert, 2012, p. 9). However, an employee cannot take it upon themselves to grant any day off, whether or not they have acquired leave to use for the day out of work. This could be a policy violation and considered a no call any show for work because you decided to take an authorized day off. counsel has already expressed all hands on deck for their busiest season and discouraged employees from taking any days off during this time. However, if prior notification had been communicated to the employer of her religious holiday observance, her day off may have been approved.However, she understandably not just violated a policy but stressed the flow of production and this can cause separation from employment as well but this employee should have sought other alternatives than to authorize her own day off. Also, the employer would need to be very careful before considering termination, receivable to her attempts to form unions as early adjustments to the employ ment at-will doctrine was made as workers fought for the right to organize and form unions. The U. S.Supreme Court declared that an employer could not use Employment At Will to intimi insure or pinch its employee with respect to their self -organization which means an employee cannot be terminated as penalty for attempting to organize a union (Halbert, 2012, p. 49). This employee may have a prospect to remain employed in this scenario due to the religious holiday observance issue, however should be reprimanded for no call no show, written up and added to her employee file so there is proper documentation if she decides to authorize her abutting day off as discipline action to termination can occur.Also, if the employer can also practice The Good Faith covenant, which can be interpreted in different ways meaning that termination must be for cause to meaning that termination cannot be made in bad faith or with malice intended (Muhl, 2001) Describe what steps you would take to add ress the following scenario involving policies and procedure. The employees supervisor consistently asks her out on dates the employee initially refuses to go out on a date with her supervisor. The employee later discusses the issue with her girlfriend who encourages her to accept his offers.During her new employee orientation, the employee was informed of the company policy which prevented employees from dating their supervisor and was given an employee handbook with the written policy. The employee and her supervisor later begin having a consensual relationship. Often times, employers have to determine their employees constantly aware of certain policies and procedures within the workplace. They will have inclined(p) documents as reminders of these internal policies involving securities, workplace violence, and sexual harassment just to reach a few.These documents are required to be read and sign as acknowledgement that you fully understand and will be incompliance. In many com panies fraternizing is not allowed within the workplace this information should have been advised by written policy in the companys handbook and or during employee orientation but it is very important this type of relationship be deterred as it could result in sexual harassment case and lawsuits can be formulated. Workplace relationships are risky as they can cause unnecessary conflict and affect not only the work environment but jeopardize ones areer. At any rate, morals plays an important role in this scenario and must be considered before enter into any type of workplace relationship.