Discussion Chapter on "Employment at Will Doctrine"

Discussion Chapter 4 pages (1335 words) Sources: 4

[EXCERPT] . . . .

Employment at Will Doctrine

In any kind of labor relationship, there exists a balance between: the ability of employers to discharge staff members and the option of employees to no longer work at a particular firm. This delicate equilibrium, among the two parties, is often referred to as the employment at will doctrine. Under these legal guidelines, both the employer and employee can opt out of the labor arrangement at any time (if there is no written contract in place). As a result, neither party must have any kind of legitimate reason for breaking this agreement. However, there are three exceptions to these guidelines to include: if the employment decision will impact public policy, if there is an implied contract between the employer - employee (about compensation or job security) and all decisions must be made in good faith. The combination of these factors means, that employers have to be watchful of any kind of disciplinary actions. ("The Employment at Will Doctrine," 2011)

In the case with Jenifer, she has engaged in a host of activities that could be considered to be in violation of these basic principles. To fully understand the potential impact of any kind termination involving her requires: examining if she should be fired under the employment at will doctrine, the legal implications for both sides, the kinds of preventive measures that will reduce the risks for the employer and if the exceptions to the employment at will doctrine are relevant. Together, these different elements will offer the greatest insights, as to how the accounting firm can address the situation surrounding Jennifer's termination.

Should the firm be legally allowed to fi

Continue scrolling to

download full paper ⤓

re her based on the employment-at-will doctrine? Why or why not?

Based on the actions that Jennifer was taking, it is obvious that her behavior and her attitude have created a work environment where she is distracting others. The way that this is taking place is through a number of incidents that were caused by something she helped to create. These include: her inability to learn basic computer applications, work with well others, she has taken unauthorized days off of work (during the busy time of the year) and she is involved in a romantic relationship with her supervisor (which is in direct violation of company polices). The combination of these incidents, are establishing the fact that: Jennifer is in breach of company policies, she cannot perform the basic requirements for the position and she has an attitude problem. As a result, the accounting firm can fire Jennifer under the employment at will doctrine. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

What are the legal implications for the employer vs. The employee in this particular instance?

The legal implication for the employer is that Jennifer could try to go after them based on wrongful termination (with some kind of civil lawsuit). This is because she believes that she is an expert on the employment at will doctrine. The problem with her strategy is that a pattern of behavior can be established, that shows how she knowingly ignored company policies and could not meet the basic qualifications for the job. The combination of these factors will reduce any kind of negative fallout from potential litigation (with a high probability that a judge will throw out a lawsuit initiated by Jennifer). ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

As far as the employee is concerned, she will face the possibility of being humiliated in public (if she were to sue her employer). This is because her track record of behavior is relevant facts in the case (which can justify management's decisions). During this process, is when Jennifer's behavior will be brought into question (which will be humiliating for her). At the same time, she could be subject to a counter claim from the company for damages that she caused to the firm's reputation and the work environment. Although… READ MORE

Download Full Paper

Write a New Paper for Me

Quoted Instructions for "Employment at Will Doctrine" Assignment:

“

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.

For each category of behavior, describe what steps you would take to address the situation. In your responses, you may want to consider the following:

*****¢Should the firm be legally allowed to fire her based on the employment-at-will doctrine? Why or why not?

*****¢What are the legal implications for the employer vs. the employee in this particular instance?

*****¢What preventive measures should the employer have in place in order to reduce any risk or liability on its part?

*****¢Are there any *****exceptions***** to the employment-at-will doctrine that would apply in this case?

Write a four to five (4-5) page paper in which you:

1.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.

2.Describe what steps you would take to address the following scenario involving management, behavior, and performance:

*****¢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*****.

3.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 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*****.

4.Describe what steps you would take to address the following scenario involving policies and procedures:

*****¢The employee*****s 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

*****¢Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.

How to Reference "Employment at Will Doctrine" Discussion Chapter in a Bibliography

“Employment at Will Doctrine.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412. Accessed 6 Jul 2024.

Employment at Will Doctrine (2012). Retrieved from https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412

A1-TermPaper.com. (2012). Employment at Will Doctrine. [online] Available at: https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412 [Accessed 6 Jul, 2024].

”Employment at Will Doctrine” 2012. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412.

”Employment at Will Doctrine” A1-TermPaper.com, Last modified 2024. https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412.

[1] ”Employment at Will Doctrine”, A1-TermPaper.com, 2012. [Online]. Available: https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412. [Accessed: 6-Jul-2024].

1. Employment at Will Doctrine [Internet]. A1-TermPaper.com. 2012 [cited 6 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412

1. Employment at Will Doctrine. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/employment-doctrine/2798412. Published 2012. Accessed July 6, 2024.

Related Discussion Chapters: