Assignment 1 employment at will

Assignment 1 employment at will

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  Assignment 1: Employment-At-Will Doctrine LEG500Legal, Ethics & Corporate Government Professor Olmstead Renina Simmons 10/26/2012
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  Assignment 1: Employment-At-WillDoctrine 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. This situation I consider to be very delicate. For one, the employee may be an excellent and very smart employee, but when it comes to computers she lack that skill. I will try to offer computer classes for the employee for 30 days. I know that she was already given support and training, but this training will be one on one. I will try to exhaust all of my options when it comes to assisting the employee. After 30 days has passed I will once again evaluate the situation and see if she has progress. If no progression is noted, I will check to see if other opportunities are available for her throughout the company that will not require a computer. If all else fail, I will have to terminate the employee based on performance and competency. If the job requires computer knowledge and the employee lacks it then we will have to do what is best for the company. This is when employment-at-will comes into place. Per the doctrine pg. 49 of Law & Ethics in the Business Environment is the right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the service of such employee. –Justice Harlin IN Adair v. US., 208 US 121 (1908). If informal coaching and the initial stages of the disciplinary process do not remedy the performance problem, it is time to move to the termination stage. When this becomes necessary, the manager should work to ensure that, to extent possible, all necessary steps to prevent legal action as a result of termination have been taken.
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  The employee tendsto 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.” In this situation as the supervisor I would first bring her into the office to speak with the employee about her tardiness and negative attitude. I would record it paper as a verbal warning and also have the employee acknowledge it. I will also bring in someone as a witness of speaking with the employee. I will continue to monitor the employee’s attendance and follow the necessary steps to ensure that all options and counseling has been exhausted and followed. This may also follow under insubordination due to her attitude. This type of attitude is disrespectful to the manager and can create morale problems with other members of the work group/ As her manager, I have the right to address the issue and if not corrected then I have to follow the procedures to ensure that no stones are left unturned and no lawsuits lay in the dark. 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 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”.
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  The Knights ofLabor in 1869 grants employees the right to organize, join union, bargain collectively, and engage in other “concerted activities” for mutual aid or protection, as well as the right to refrain from doing so. (PHR/SPHR study guide 3rd edition) I would speak with the employee concerning this issue and advise that it management approval was required before any employees could take off. I will also advise the employee that this will be marked as an unexcused absence due to not calling in to notify management and also not getting approval. I will reiterate the attendance policy to the employee and advise that if any other days that she is taking off need to be preapproved. I will explain that another employee must take on additional tasks or responsibilities for the duration of the absence. Concerning the employees organizing a union, I can’t stop an employee from organizing a union or joining a union. I will have to get in contact with a labor attorney to make sure we do not have any lawsuits fall in our lap. 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. In this situation I would first address the supervisor concerning these accusations. I will also inform the supervisor of the policy and procedures of the company. I would also speak with the young lady in which he is making passes towards. I would reiterate the company policy that prevents employees from dating supervisor. I will make sure I have paper trail concerning this incident as well as move the employee to another area or under a different supervisor.
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  Reference Page: PHR/SPHR Professionalin Human Resources Certification. Study Guide 3rd Edition Law and Ethics in the Business Environment.7th Edition.2012 Student Guide to Sarbanes-Oxley Act. 2nd Edition. Prentice/Bredeson