Employment at Will Doctrine
Background
Each one of the scenarios listed within this document challenges a company to review the Employment-At-Work doctrine. Companies will have to review each case separately. However, for most of the scenarios the company can put in place steps to assist the employee for correcting their actions or performance.
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.
The Employment-At-Will doctrine states that an employer can fire an employee at any time without cause (Halbert & Ingulli, 2012, p.46). However, by being the manager or supervisor one should put in place steps to address the issue. Initially, find out the procedures to follow to address the performance issue from the human resource department. Next, document the procedures for the employee to follow for achievement. Since the employee has viewed previous meetings negatively, a review of the procedures with the employee would include a human resource representative.
Meeting with a human resource representative provides the manger or supervisor, the legal steps that they should follow for corrective action. These steps ensure the company is not violating the employee’s rights. A manger or supervisor that gives written and oral communication to the employee allows for clear and concise steps for continued employment with the company (Penley, Alexander, Jernigan, & Henwood, 1991). During the meeting, the manager or supervisor communicates with the employee the documented steps and timeframe. The employer makes sure to set-up periodic meetings with the employee and human resource representative to review how the employee is performing. Document any accomplishments of the employee, if there are any, along with reviewing with the employee if they are on schedule for completing the documented schedule.
Once the timeframe is completed, the manager or supervisor meets and if the employee has not met the documented procedures then termination of the employee occurs. If the employee has completed their documented procedure successfully then the employee remains with the company.
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