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Running head: EMPLOYMENT-AT-WILL DOCTRINE

Employment-At-Will Doctrine
Lillian D. Anderson Strayer University LEG 500 - Law, Ethics, and Corporate Governance Prof. Danyelle McCarty June 2, 2012.

EMPLOYMENT-AT-WILL DOCTRINE Abstract As a manager and supervisor of an accounting department within the company The Chief

Financial Architect, it is necessary to meet with the newly hired graduate Jennifer Thomas. She was hired by our firm right out of college and is close to the end of her probationary period. However, it has been brought to managements attention that she engages in a number of behaviors that need correcting. For each of her behaviors, management will describe what steps it will take to address the situation.

EMPLOYMENT-AT-WILL DOCTRINE Employment-At-Will Doctrine Our company, The Chief Financial Architect, has experienced tremendous growth. To help us we recently hired a new graduate by the name of Jennifer Thomas. She was hired approximately 90 days ago by our firm. This is her first professional job since graduating.

Although our firm is happy to give her this opportunity, her supervisor and other employees have experienced behaviors that need to be addressed. The employment relationships in Florida have long been governed by the traditional at-will doctrine. Under the at will philosophy, where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract. Smith v. Piezo Technology and Professional Administrators, 427 So 2d 182 (Fla. 1983). (Lewis, 2002). This paper will make recommendations as to which steps to take in addressing the behaviors. In our recommendations, we understand the employment-at-will doctrine and liability of the employer both have to be taken into consideration. We have to consider the following: 1. Should the firm be legally allowed to fire her based on the employment-at-will-doctrine? Why or why not? 2. What are the legal implications for the employer versus the employee in this particular instance? 3. What preventative measure should the employer have in place in order to reduce any risk or liability on its part? 4. Are there any exceptions to the employment-at-will doctrine that would apply in this case?

EMPLOYMENT-AT-WILL DOCTRINE Employee Skills, Competence, and Abilities

When this position was advertised, our job description included certain requirements and qualifications in order to successfully fill the position. Unfortunately, Jennifer has been unable to learn the computer applications basic to her job responsibilities. Below we describe what steps were taken to address the scenario involving skills, competence, and abilities. Skills After hiring Jennifer, she was given assignments by her supervisor. When her assignments were habitually completed late with mistakes, her weak skills were discovered. She defended herself by telling her boss that she was a good worker and a genius and that he did not appreciate her. This behavior strains the relationship with her supervisor and the other employees in the department. Competence Jennifer was given a coach to provide training and support in order to bring her skills and competence to the level required by her supervisor. The focus of coaching is to improve performance and skills. The coach-coachee relationship is collaborative, a relationship of peers (Pelan, 2012). Abilities After months of training with her coach, Jennifers abilities have improved, but unfortunately, they still are not at the level required by her supervisor. Company Decision Since she has not been able to use the computer tools to be productive and efficient in completing the required tasks, within her probationary period, we will have to fire from her position. This firm is legally allowed to fire Jennifer based on the employment-at-will-doctrine.

EMPLOYMENT-AT-WILL DOCTRINE Employee Management, Behavior, and Performance In the next scenario, management understands Jennifer bursts into a rage when her boss criticizes her and she is frequently late to work. This was noticed by her boss and other staff members. These behaviors also strain the relationship with her supervisor and the other

employees in the department. Below we describe what steps were taken to address the scenario involving management, behavior, and performance. Management First, upper management will have a meeting with Jennifers boss to discuss her behavior and our company policy. Then upper management will have another meeting with Jennifer to give her the opportunity to speak for herself to find the reason for the bosss criticisms and reinforce company policy. Lastly there will be a meeting with the boss and Jennifer together. Behavior Jennifers behavior has been quite destructive since shes been hired. Her response that she knows her rights and what to do has created an atmosphere that has been divisive within the department. Manage has reinforced the company does not tolerate this type of behavior. Performance Jennifers performance has suffered from her lateness and her fits of rage. Though she has received coaching, her behavior has diminished the progress the coaching made. Company Decision Jennifers performance and timeliness and attitude will be monitored for the remainder of her probationary period. Since this behavior has been ongoing and has caused dysfunction within the department, it is the companys decision is to dismiss her from her position. This firm is legally allowed to fire Jennifer based on the employment-at-will-doctrine.

EMPLOYMENT-AT-WILL DOCTRINE Employee Labor and Laws

Furthermore, in this next scenario, Jennifer took an unapproved day off from work during the busy tax season to observe her religious holiday. Then Jennifer was observed encouraging coworkers to organize and form a union for protection. These behaviors caused a negative impact on department morale affecting her supervisor and the other employees. Below we describe what steps were taken to address the scenario involving labor and laws. Employee Labor and Laws To properly address the situation of Jennifer taking a day off from work without management consent and not have a complaint of religious discrimination under Title VII of the 1964 Civil Rights Act, a potential legal case, we focused our conversation on Jennifers unexcused absence and not the reason of the absence. Her absence caused loss of productivity for the department during an already busy time. She was given a written disciplinary letter of correction by her supervisor and it was given to the HR Director. Under Title VII of the 1964 Civil Rights Act she did not inform her supervisor of the conflict of her religious holiday and the companys work policy. It is the policy of this company to respect all religious beliefs and not to discriminate against any according to Title VII of the 1964 Civil Rights Act which prohibits employers from discharging or disciplining an employee based on his or her religion. Company Decision Jennifers actions and behavior again caused disruption in the department. Since this behavior has been ongoing and has caused dysfunction within the department, it is the companys decision is to dismiss her from her position. This firm is legally allowed to fire Jennifer based on the employment-at-will-doctrine.

EMPLOYMENT-AT-WILL DOCTRINE Company Policies and Procedures

In our last scenario, management understands Jennifer has a consensual relationship with her boss, Mr. Clark. This behavior is observed by other staff members and supervisors. This behavior decreases the morale with the other employees in the department. Below we describe what steps were taken to address the scenario involving company policies and procedures Company Policies and Procedures It is the policy of this company to not have Supervisors fraternize with employees under their supervision or another Supervisor. This decision is based on Title VII of the Civil Rights Act of 1964- Sexual Harassment. This policy is given to our new employees during new employee orientation and is given to them in an employee handbook. This policy is also reinforced every year to our Supervisors and Upper Management. Company Decision Overall, Jennifers behavior, performance, timeliness and attitude all have made a negative impact on the department. The recent development of the consensual relationship with her supervisor against company policy reinforces her history of poor decision making. Mr. Clark, Jennifers supervisor, knows it is against company policy to fraternize with employees. He is also aware of the potential sexual harassment case that could have been filed under Title VII of the 1964 Civil Rights Act. The company makes the decision to fire Mr. Clark for consistently asking Ms. Thomas out on dates and the pressure this caused Ms. Thomas. Since this behavior from Ms. Thomas has been ongoing and has caused dysfunction within the department, it is the companys decision is to dismiss her from her position. This firm is legally allowed to fire Jennifer based on the employment-at-will-doctrine.

EMPLOYMENT-AT-WILL DOCTRINE References

Lewis, J. (2002, September 30). Florida Workers Compensation Act Creates Exception to Rule of At-Will Employment.Venulex Legal Summaries, 1-2. Pelan, V. (2012, February). The difference between mentoring and coaching. Talent Management Magazine, 8(2), 36. TITLE VII, The Civil Rights Act of 1964

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