Strayer Leg 500: Employee at Will

Employment-At-Will Doctrine

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.

Addressing 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.

Under at-will employment, the employer and the employee are not bound by a contract specifying the terms of the relationship and are not obligated to create a bond or association that would limit either one’s ability to terminate the relationship at-will (Muhl, 2001). In large part, employees in the private sector of the U.S. work at-will due to our capitalist economy that is designed to motivate both employee and employer to ensure effectiveness on both parts (Bowman & West, 2007). In assessing Jennifer’s performance against the competencies established for her role, she is not meeting the expectations of the job. Legally, I believe I could terminate her employment at-will simply because she is not fulfilling her end of the agreement even with training and supervision. Ethically, I would subscribe, at least in part, with the utilitarian thought simply because Jennifer’s inability to grasp the fundamental skills needed to succeed in the accounting business puts an additional burden on the company. A potential accounting error on Jennifer’s part could put clients in harms way as well as put the company’s...