Employment-At-Will Doctrine - Essay Example

Given her educational background, it is already a behavioral and attitude issue more than learning issue. Also, given that she had a chance to perform and still did not even after months of training and support, it would be appropriate to talk to her about her performance (there might other factors why has learning issue such as personal problems) that if she does not improve, she may be asked to leave the company. After months of dismal performance even with training and support is already enough ground to terminate her employment “at will” unless otherwise stated or implied that she has contract with the company (Gibson et al., 2010). 2.

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”. . There are only few categories in the exemptions of the employment of will that can be invoked which are discrimination, public policy exemptions, implied contractual relationship and Sabarnes Oxley Act (Radin and Werhane, 2003).

Tardiness is both attitude and performance issue which does not fall into the exemptions of “employment of will” and is a valid ground for termination. 3. The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during “tax season”. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval.

Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to “protect ourselves”. Describe what steps you would take to address the following scenario involving policies and procedures: It may be tempting to “fire” the employee to get rid of the many problems she brings but that would not be a prudent course of action for the management. Firing her might be construed as a discrimination against her religion and an exemption for “employment at will” (Sennel, 2008).

In addition, the company might also be accused of either discriminating against fair labor practice or might fall in the exception of Sabarnes Oxley Act as the action might be construed as retaliation for the employee’s intention to put up a union or report some perceived wrong doings. It is more advisable to write her up for the absence during the peak season and talk to her about her talk of organizing a union. Her immediate